Hogg v Dover College
| Jurisdiction | UK Non-devolved |
| Date | 1990 |
| Year | 1990 |
| Court | Employment Appeal Tribunal |
Employment - Unfair dismissal - “Dismissed” - Repudiatory conduct - Full-time teacher and department head returning to work after illness - Teacher receiving letter reducing teaching hours and pay - Whether teacher dismissed
In 1986, the applicant, who was a full-time teacher and department head became ill and following a period of absence returned to teaching part-time. On 31 July 1987, the headmaster wrote to him expressing the view that his ill health made it impossible for him to continue as department head and offering him fewer teaching periods at a considerably reduced salary. The applicant replied claiming that the letter amounted to a dismissal but that pending his claim of unfair dismissal he would continue to work at the college on the terms offered. On his complaint of unfair dismissal an industrial tribunal found that the letter did not amount to a summary dismissal but rather that it was a statement that his employment would continue on different terms, that by continuing to work at the college, he had accepted the employers' repudiation of his contract of employment, and that he had not been constructively dismissed.
On the applicant's appeal: —
Held, allowing the appeal, that the effect of the letter of 31 July was to terminate the contract of employment between the applicant and the employers and that the applicant had been dismissed; that, alternatively, the fundamental changes in the terms of employment were such that the applicant had been constructively dismissed and that he could not be said to have affirmed by his subsequent conduct what was a totally different contract of employment; and that, accordingly, the case would be remitted to an industrial tribunal for further consideration (post, pp. 42G, 43F–H, 44E).
The following cases are referred to in the judgment:
Hunt v. British Railways Board [
Marriott v. Oxford and District Co-operative Society Ltd. (No. 2) [
Morgan v. Wolverhampton Borough Council (unreported), 20 February 1980,
Perry v. N.S. Hair Treatment Clinic Ltd. (unreported), 24 June 1980,
Western Excavating (E.C.C.) Ltd. v. Sharp [
The following additional case was cited in argument:
Cox Toner (W.E.) (International) Ltd. v. Crook [
Appeal from an industrial tribunal sitting at Ashford.
By an originating summons dated 19 October 1987, the applicant, Spencer Hogg, complained that he had been unfairly dismissed by his employers, Dover College. By a decision sent to the parties on 18 December 1987 the industrial tribunal dismissed his complaint. On 26 January 1988 the applicant appealed on the ground that the industrial tribunal had erred in law in holding that he had not been dismissed.
The facts are stated in the judgment.
John Bowers for the applicant.
Richard Hayward for the employers.
Garland J. delivered the following judgment of the appeal tribunal. We are unanimous in our views on this matter, and I will deal with it by way of a very short extempore judgment.
The appellant, who was the applicant in the industrial tribunal, was formerly the head of the history department at Dover College, where he had been employed for a number of years. He had, in fact, begun teaching there in September 1977 and became head of history in 1981. Sadly, during 1986, he suffered a serious attack of meningitis which left him physically disabled and unable to carry out his duties as head of the history department for some time; indeed, he was away for two terms, kindly treated by the employers and he was paid his full salary. Eventually he returned to teaching part-time subject to difficulties.
We come to the summer term of 1987 when the headmaster, Mr. Ind, directed his mind to what was to happen at the beginning of the next academic year, that is September 1987, and whether or not the applicant would be able to fulfil his entire duties. Those entire duties were as head of the history department; a full-time teacher teaching upwards of 30 periods a week and carrying out other duties; fully remunerated on the Burnham scale with, I think if we can derive anything from the specimen contract (which is not his contract) amongst the documents, one or two fringe benefits in...
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...that the employee cannot continue in employment with the employer and leaves that employment as a result. 20 119. In Hogg v Dover College [1990] ICR 39 a teacher who was employed on a full time basis was told that his contract was terminated but he was offered a contract on part-time hours ......
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