Meares v Medway Primary Care Trust

Meares v Medway Primary Care Trust

The application for extension of time and permission to appeal is refused because the applicant failed to provide sufficient justification for the delay, the Employment Tribunal's finding on good faith was a finding of fact not open to appeal, the good faith issue was properly raised and ventilated at the hearing, and there was no procedural unfairness.

Parties
Appellant: Jennifer Meares; Respondent: Medway Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
28 July 2011
Procedural Posture
Employment Appeal / Renewed Application for Extension of Time and Permission to Appeal to Court of Appeal
Outcome
Application refused
Legal Topics
Protected Disclosure, Constructive Dismissal, Good Faith, Procedural Fairness, Extension of Time
Employment Law Protected Disclosure Constructive Dismissal Good Faith Procedural Fairness Extension of Time

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Parties

Jennifer Meares

Appellant

Medway Primary Care Trust

Respondent

Procedural Posture

Employment Appeal / Renewed Application for Extension of Time and Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding the applicant's disclosure was not made in good faith
  2. 2 Whether the applicant was denied procedural fairness by the good faith issue not being properly raised
  3. 3 Whether time for appealing should be extended

Ratio Decidendi

The application for extension of time and permission to appeal is refused because the applicant failed to provide sufficient justification for the delay, the Employment Tribunal's finding on good faith was a finding of fact not open to appeal, the good faith issue was properly raised and ventilated at the hearing, and there was no procedural unfairness.

Court Disposition

Application refused

Orders

  • Refusal to extend time for appealing
  • Refusal of permission to appeal