Appeal No.	 EAT/681/98

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

	At the Tribunal
	On  1 October 1998

Before
THE HONOURABLE LORD JOHNSTON
MR T C THOMAS CBE
MR G H WRIGHT MBE

MR D J CORNS	APPELLANT

THE COMMITTEE & TRUSTEES OF WHELLEY LABOUR CLUB	RESPONDENTS

Transcript of Proceedings

JUDGMENT

PRELIMINARY HEARING - EX PARTE

Revised

	APPEARANCES

For the Appellant	NO APPEARANCE BY OR ON BEHALF OF THE APPELLANT	

	LORD JOHNSTON:		This is a preliminary hearing in relation to the appeal by Mr David Corns against the finding of the Industrial Tribunal that there was no contractual right to sick pay in his contract with the respondents and, in addition, he had not been dismissed constructively from his employment, albeit he was entitled to a small payment of wages wrongfully withheld. Mr Corns intimated to this tribunal that he did not intend to appear in person.

	Upon a reading of the decision of the tribunal, it is quite apparent to us that in considering the issue of constructive dismissal, the tribunal examined the salient factors that were raised, said to constitute sufficiently serious conduct on the part of the employer, to amount to a breach of a material term of a contract of employment going to its root, so as to justify resignation being categorised as constructive dismissal. Looking at the issues in relation to Bank Holidays and Christmas payments, we consider the tribunal were more than entitled to reach the conclusion they did upon the evidence that these were not sufficiently grave issues to amount to fundamental breach of contract. In addition, it was clear that there was no contractual right to sick pay and that position was not arguable.

	In these circumstances, so far as the appeal is directed towards that issue and that of constructive dismissal, we consider that it is unarguable and it will be dismissed. The finding in relation to the award of £70 gross will stand.