Foster v Somerset County Council

Foster v Somerset County Council

The EAT erred in interfering with the tribunal's finding of contributory fault, as it was a finding of fact not shown to be perverse. The EAT had no jurisdiction to alter the percentage of contributory fault, and the tribunal's decision stands.

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, Contributory Fault, Procedural Fairness, Jurisdiction of Appeal Tribunals
Employment Law Unfair Dismissal Contributory Fault Procedural Fairness Jurisdiction of Appeal Tribunals

Case Brief

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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 (EAT) had jurisdiction to interfere with the finding of contributory fault by the Employment Tribunal
  2. 2 Whether the dismissal of Mrs Foster was procedurally unfair
  3. 3 Whether the case should be remitted for rehearing

Ratio Decidendi

The EAT erred in interfering with the tribunal's finding of contributory fault, as it was a finding of fact not shown to be perverse. The EAT had no jurisdiction to alter the percentage of contributory fault, and the tribunal's decision stands.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • Council's appeal allowed; tribunal's decision stands
  • Cross-appeal refused