Woodhouse School v Webster - tribunal can properly reach conclusion, on evidence before it, that neither side contended for
Mr Webster resigned from Woodhouse School and claimed constructive unfair dismissal. He said that the School head, Mr Moore, had instructed him to dismiss Ms Ward, a deaf member of staff, during her probationary period. Clearly, giving such an instruction would be a fundamental breach of contract by the School and Mr Webster's claim would succeed. However Mr Moore denied it was ever said.