The employee was dismissed for having worked on his own car in a dangerous manner. He admitted this, but said he had done so before to the employer’s knowledge without complaint. The employer denied this. The tribunal had dismissed the complaint.
Held: The tribunal had been faced with resolving a conflict of evidence. It had failed to make clear its finding on the issue either expressly or by necessary implication. This amounted to an error of law, and the matter was remitted to a differently constituted tribunal for re-hearing.
Judges:
Waite J
Citations:
[1984] ICR 583
Jurisdiction:
England and Wales
Citing:
Applied – Alexander Machinery (Dudley) Ltd v Crabtree CA 1974
Donaldson LJ discussed the level of detail to be given by a tribunal when giving its reasons: ‘It is impossible for us to lay down any precise guidelines. The overriding test must always be: is the tribunal providing both parties with the materials . .
Cited by:
Cited – Reuters Ltd v H Williams EAT 15-Nov-2001
The respondent company appealed a finding of sex discrimination by a staff member engaging in sexual harassment. A young female worker complained that her manager had persisted in making advances to her. It was said that the Tribunal had failed to . .
Cited – Bennett v Sergio Gambi and others EAT 14-May-1996
Appeal against rejection of sex harassment and discrimination claim. She said that the tribunal had given no clear inication that her allegations were either accepted or rejected.
Held: The decision adequately clarified that the tribunal had . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 04 October 2022; Ref: scu.182852