Bari v London Borough Of Waltham Forest [2001] EWCA Civ 2064 (21 December 2001)

Bari v London Borough Of Waltham Forest [2001] EWCA Civ 2064 (21 December 2001)

There was no error of law or perversity in the Tribunal's finding that the dismissal was on grounds of ill-health at the request of Mrs Bari, and the Council's procedures were properly followed. There was no real prospect of success on appeal.

Source-derived case information.

Citation
[2001] EWCA Civ 2064
Parties
Claimant/applicant: Shamin Bari; Defendant/respondent: London Borough of Waltham Forest
Jurisdiction
England and Wales
Judgment Date
21 December 2001
Procedural Posture
Employment Appeal / Application to Reinstate Appeal After Dismissal
Outcome
Application dismissed
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Procedural Fairness, Reinstatement of Appeal
Employment Law Unfair Dismissal Wrongful Dismissal Procedural Fairness Reinstatement of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Shamin Bari

Claimant/applicant

London Borough of Waltham Forest

Defendant/respondent

Procedural Posture

Employment Appeal / Application to Reinstate Appeal After Dismissal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding the dismissal fair and not wrongful
  2. 2 Whether the Council failed to establish the principal reason for dismissal
  3. 3 Whether the Tribunal failed to consider all circumstances in applying the statutory test of reasonableness

Ratio Decidendi

There was no error of law or perversity in the Tribunal's finding that the dismissal was on grounds of ill-health at the request of Mrs Bari, and the Council's procedures were properly followed. There was no real prospect of success on appeal.

Court Disposition

Application dismissed

Orders

  • Refusal of adjournment
  • Refusal to reinstate the appeal