Cobley v Forward Technology Industries Plc

The dismissal of Mr Cobley was for 'some other substantial reason' under s 98(1)(b) of the Employment Rights Act 1996, namely the desire of new shareholders to appoint their own board after a takeover, and the dismissal was fair within s 98(4) as it was within the range of reasonable responses open to the employer in the circumstances.

Parties: Appellant: Kenneth Cobley; Respondent: Forward Technology Industries PLC
Jurisdiction: England and Wales
Judgment Date: 14 May 2003
Procedural Posture: Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome: Appeal dismissed
Legal Topics: Unfair Dismissal, Dismissal for Some Other Substantial Reason, Employment Rights Act 1996 Section 98, Director Removal, Contractual Termination Clauses

Employment Law Company Law Contract Law Unfair Dismissal Dismissal for Some Other Substantial Reason Employment Rights Act 1996 Section 98 Director Removal Contractual Termination Clauses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Kenneth Cobley

Appellant

Forward Technology Industries PLC

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

1 Whether the dismissal of Mr Cobley was for 'some other substantial reason' under s 98(1)(b) of the Employment Rights Act 1996
2 Whether the dismissal was fair within the meaning of s 98(4) of the Employment Rights Act 1996
3 Whether the manner of dismissal rendered it unfair

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Judgment for the respondent
Appellant to pay the sum of £5,958.40 in full and final settlement of the respondent’s costs, inclusive of disbursements and interest