An appeal was pending against a decision following a substantial claim for unfair dismissal and sex discrimination. The respondent company sought the chairman’s notes of evidence. The only acceptable grounds for such an order would be an allegation that a finding was not supported by evidence.
Held: In this case the central finding was that the applicant had been an ‘average analyst’. In this case such an order was required and made.
His Honour Judge Peter Clark
EAT/0678/01
England and Wales
Citing:
Cited – Martin v MBS Fastenings (Glynwed) Distribution Ltd CA 1983
Sir John Donaldson, MR said: ‘Whatever the respective actions of the employer and employee at the time when the contract of employment is terminated, at the end of the day the question always remains the same, ‘Who really terminated the contract of . .
Cited – Piggott Brothers and Co Ltd v Jackson CA 1992
The court asked under what circumstances an appellate court could interfere with the decision of a lower court in employment cases: ‘What matters is whether the decision under appeal was a permissible option. To answer that question in the negative . .
Cited – British Telecommunications Plc v Sheridan CA 1990
The appellant employers challenged the decision of the EAT to reverse the tribunal’s finding that the claimant had been fairly dismissed.
Held: Even in cases where the Appeal Tribunal has ‘grave doubts’ about the decision of the Employment . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 September 2021; Ref: scu.168550