Litigation Recent Decisions 15/7/97

Decisions are taken from Lawtel's legal database. LTL: Lawtel report; TLR: Times Law Reports; ILR: Independent Law Report

Dismissal for breach of contract appealed

Kevin Williams v Asda Stores (1997)

Court: EAT (Lindsay J, A Maddocks and A E Manners) 28/4/9Appearances: Adrian Dent, instructed by Catteralls, Wakefield, for the appellant. Jonathan Parkin, instructed by Eversheds, Leeds, for the respondent.

Summary: Employee claimed he had been wrongfully dismissed for asserting a statutory right, but the tribunal found that he had been dismissed for breach of his contract.

Employee's appeal against an award of £1,050 compensation for wrongful dismissal by an industrial tribunal on 8 January 1996. The decision was headed "Second Decision" because there had been an earlier decision of another industrial tribunal holding that the appellant was not at any material time a "shopworker" for the purposes of the Sunday Trading Act 1994 and accordingly he was not entitled to the protection which this new legislation gave to shopworkers. There was no appeal within time from that first decision and an application for an extension of time was refused.