Foster v Somerset County Council [2004] EWCA Civ 222 (13 February 2004)

Foster v Somerset County Council [2004] EWCA Civ 222 (13 February 2004)

The EAT erred in reducing the finding of contributory fault from 100% to 90% as it had no jurisdiction to interfere with the tribunal's findings of fact absent perversity or error of law; the tribunal's decision stands.

Source-derived case information.

Citation
[2004] EWCA Civ 222
Parties
Claimant/respondent: Carole Ann Foster; Defendant/appellant: Somerset County Council
Jurisdiction
England and Wales
Judgment Date
13 February 2004
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
Unfair Dismissal, Procedural Fairness, Contributory Fault, Jurisdiction of Employment Appeal Tribunal
Employment Law Unfair Dismissal Procedural Fairness Contributory Fault Jurisdiction of Employment Appeal Tribunal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Carole Ann Foster

Claimant/respondent

Somerset County Council

Defendant/appellant

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal had jurisdiction to reduce the finding of contributory fault from 100% to 90%
  2. 2 Whether the dismissal was procedurally unfair
  3. 3 Whether the case should be remitted for rehearing

Ratio Decidendi

The EAT erred in reducing the finding of contributory fault from 100% to 90% as it had no jurisdiction to interfere with the tribunal's findings of fact absent perversity or error of law; the tribunal's decision stands.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • The tribunal's decision stands.
  • Costs of the appeal assessed in the sum of £2,500.