London Underground Ltd v Strouthos [2003] EWCA Civ 1959 (17 December 2003)

London Underground Ltd v Strouthos [2003] EWCA Civ 1959 (17 December 2003)

The Court found there was a very arguable case that the Employment Appeal Tribunal was not justified in concluding that the Employment Tribunal had made a positive finding of dishonesty, and that the matter should be open for argument on appeal.

Citation
[2003] EWCA Civ 1959
Parties
Appellant/respondent: London Underground Limited; Respondent/applicant: Michael Strouthos
Jurisdiction
England and Wales
Judgment Date
17 December 2003
Procedural Posture
Employment Appeal / Application for Permission to Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Permission to appeal granted
Legal Topics
Unfair Dismissal, Gross Misconduct, Employment Tribunal Procedure, Remittal of Cases
Employment Law Unfair Dismissal Gross Misconduct Employment Tribunal Procedure Remittal of Cases

Case Brief

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Parties

London Underground Limited

Appellant/respondent

Michael Strouthos

Respondent/applicant

Procedural Posture

Employment Appeal / Application for Permission to Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Appeal Tribunal was justified in overturning the Employment Tribunal's finding of unfair dismissal
  2. 2 Whether the Employment Tribunal made a positive finding of dishonesty against the applicant
  3. 3 Whether the matter should be remitted for rehearing

Ratio Decidendi

The Court found there was a very arguable case that the Employment Appeal Tribunal was not justified in concluding that the Employment Tribunal had made a positive finding of dishonesty, and that the matter should be open for argument on appeal.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted
  • Time estimate of half a day for hearing