LIST OF CASES / Doherty v British Midland Airways, EAT 2005

EAT on 8th February 2005, reported at [2006] IRLR 90

NOTES

Doherty v British Midland Airways, EAT on 8th February 2005, reported at [2006] IRLR 90

The full text of this judgment is available free of charge on the BAILII website.

Representation:

Ms Catherine Rayner instructed by Messrs Thompsons, Solicitors, Congress House, Great Russell Street, London WC1B 3LW for Ms Doherty;

Mr John Bowers QC instructed by Messrs Kemp Little, Solicitors, Cheapside, 138 Cheapside, London EC2V 6BJ for British Midland airways.

Authority for the proposition that:-

breach of an employee's statutory rights is not normally a breach of contract and if he resigns in consequence he will therefore not normally be able to claim constructive dismissal.

emplaw editor's note:
Were it otherwise, the strict time limits for bringing most claims for breach of statutory rights (eg discrimination) would in effect be nullified as an employee who resigned in protest would often be able to bring a breach of contract claim in the ordinary courts up to six years later.

For relevant general notes see Constructive dismissal/a general note and/or Time-limits/basic general rules .

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prepared May2005