Wilson v Racher [1974] ICR 428 is a UK labour law case concerning constructive dismissal

Constructive dismissal

In employment law, constructive dismissal, also called constructive discharge, occurs when employees resign because their employer's behaviour has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign. Because the resignation was not truly...

. It serves as an example of an employer being found to have wrongfully dismissed

Wrongful dismissal

Wrongful dismissal, also called wrongful termination or wrongful discharge, is an idiom and legal phrase, describing a situation in which an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of...

 an employee, because of the employer's own bad behaviour. Edmund-Davies LJ also made an important statement about the modern employment relationship,

Facts

Mr Wilson, a "man of considerable competence" was the head gardener of an 80 acres (323,748.8 m²) estate at Tolethorpe Hall

Tolethorpe Hall

Tolethope Hall in the parish of Little Casterton, Rutland, England, PE9 4BH is a country house near Stamford, Lincolnshire at . It is now the location of the Rutland Theatre of the Stamford Shakespeare Company....

, Little Casterton

Little Casterton

Little Casterton is a small village and civil parish in Rutland. It is about two miles north of Stamford on a minor road that runs to the south of the River Gwash between Great Casterton and Ryhall.The village has a church ....

, Stamford

Stamford, Lincolnshire

Stamford is a town and civil parish within the South Kesteven district of the county of Lincolnshire, England. It is approximately to the north of London, on the east side of the A1 road to York and Edinburgh and on the River Welland...

. He was employed by Mr Racher. He was employed for a fixed period of six months and his contract said this.

“Your employment will commence on April 24, 1972, and shall continue thereafter unless and until terminated by either of us by notice in writing expiring on October 23, 1972, or any anniversary of that date.”

When the two men first met there was "a complete conflict of personalities" and Mr Racher sacked Mr Wilson on June 11. Mr Wilson claimed this was wrongful dismissal

Wrongful dismissal

Wrongful dismissal, also called wrongful termination or wrongful discharge, is an idiom and legal phrase, describing a situation in which an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of...

. Mr Racher claimed the dismissal was for incompetence and misconduct, though the former allegation was dropped during trial. The question was whether the dismissal - ie termination of the contract - on grounds of misconduct was wrongful.

Judgment

Edmund Davies LJ

Edmund Davies, Baron Edmund-Davies

Herbert Edmund Edmund-Davies, Baron Edmund-Davies, PC was a British judge.Born Herbert Edmund Davies at Mountain Ash in Mid Glamorgan, he was the third son of Morgan John Davies and Elizabeth Maud Edmunds...

, with whom Cairns LJ and James LJ concurred, held that in fact it was Mr Racher responsible for the breakdown of the employment relationship and that he had dismissed Mr Wilson unfairly.
Cairns LJ
James LJ

See also

• King v University of St Andrews [2005] CSIH 43