Donlon v Wakefield Metropolitan District Council

Donlon v Wakefield Metropolitan District Council

The Employment Appeal Tribunal was correct to remit the matter for a substantive hearing as the issues of whether there was a dismissal, when it occurred, and whether it was unfair required full consideration of evidence from both parties and could not be determined at a preliminary hearing.

Parties
Respondent/appellant: A Martin Donlon; Appellant/respondent: City of Wakefield Metropolitan District Council
Jurisdiction
England and Wales
Judgment Date
23 July 2003
Procedural Posture
Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Effective Date of Termination, Jurisdiction of Employment Tribunal, Constructive Dismissal
Employment Law Unfair Dismissal Effective Date of Termination Jurisdiction of Employment Tribunal Constructive Dismissal

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Parties

A Martin Donlon

Respondent/appellant

City of Wakefield Metropolitan District Council

Appellant/respondent

Procedural Posture

Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in determining the effective date of termination for unfair dismissal claim
  2. 2 Whether there was a dismissal and, if so, when it occurred
  3. 3 Whether the matter was suitable for disposal at a preliminary hearing

Ratio Decidendi

The Employment Appeal Tribunal was correct to remit the matter for a substantive hearing as the issues of whether there was a dismissal, when it occurred, and whether it was unfair required full consideration of evidence from both parties and could not be determined at a preliminary hearing.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to be subject to detailed assessment if not agreed