Glennie v Independent Magazines (UK) Ltd [1999] EWCA Civ 1611 (17 June 1999)

Glennie v Independent Magazines (UK) Ltd [1999] EWCA Civ 1611 (17 June 1999)

The Employment Appeal Tribunal was wrong to allow a new point of law to be raised on appeal after the matter had been determined on a preliminary jurisdictional issue on the basis presented by the applicant, who was represented by solicitors. There were no exceptional circumstances justifying the raising of the new point, and established principles required the appeal to be allowed.

Citation
[1999] EWCA Civ 1611
Parties
Respondent/applicant: Ms S. Glennie; Appellant/respondent: Independent Magazines (UK) Limited
Jurisdiction
England and Wales
Judgment Date
17 June 1999
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal (civil Division) Judgment
Outcome
Appeal allowed
Legal Topics
Unfair Dismissal, Jurisdiction of Tribunals, Raising New Points on Appeal, Effective Date of Termination
Employment Law Civil Procedure Unfair Dismissal Jurisdiction of Tribunals Raising New Points on Appeal Effective Date of Termination

Case Brief

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Parties

Ms S. Glennie

Respondent/applicant

Independent Magazines (UK) Limited

Appellant/respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal erred in law by permitting a new point of law on the effective date of termination to be raised on appeal when it was not raised or was conceded below
  2. 2 Whether justice required the new point to be allowed on appeal

Ratio Decidendi

The Employment Appeal Tribunal was wrong to allow a new point of law to be raised on appeal after the matter had been determined on a preliminary jurisdictional issue on the basis presented by the applicant, who was represented by solicitors. There were no exceptional circumstances justifying the raising of the new point, and established principles required the appeal to be allowed.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed with costs; legal aid taxation of the respondent's costs.