It could be correct for an appeal to be dismissed rather than allow an appeal against the grant of leave to appeal. The subject matter was important and highly controversial, even if the law appeared to be clear and the appeal to be hopeless. To revoke the leave to appeal would leave no way of settling the controversy, but to dismiss the appeal would leave open the possibility of an application in turn to the House of Lords for leave to appeal.
Citations:
Times 05-Apr-2001, [2001] EWCA Civ 400, [2001] ICR 962
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Bournemouth University Higher Education Corp v Buckland EAT 8-May-2009
EAT UNFAIR DISMISSAL: Constructive dismissal
Whether fundamental breach of implied term of trust and confidence cured, so that the Claimant’s resignation did not amount to constructive dismissal.
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Employment
Updated: 18 May 2022; Ref: scu.78316