London Underground Ltd v Strouthos

London Underground Ltd v Strouthos

The Court found that there was an 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.

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
Outcome
Permission to appeal granted
Legal Topics
Unfair Dismissal, Gross Misconduct, Disciplinary Procedure, Remittal of Case

Case Brief

Summary, issues, holding and outcome

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Parties

London Underground Limited

Appellant/respondent

Michael Strouthos

Respondent/applicant

Procedural Posture

Employment Appeal / Application for Permission to Appeal

  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 that there was an 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