M Jarosinski v Nestle UK Ltd
The Employment Judge erred by omitting the sift stage under Rule 72(1) and deciding the reconsideration application alone instead of the full Tribunal, rendering the decision unsafe and requiring it to be set aside and remitted to a different Judge for reconsideration under Rule 72(1).
- Parties
- Claimant: Mr M Jarosinski; Respondent: Nestle UK Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Employment Appeal / Judgment on Appeal and Cross Appeal
- Outcome
- Appeal allowed in part, cross-appeal allowed.
- Legal Topics
- Reconsideration Applications, Tribunal Procedure, Discrimination, Wrongful Dismissal, Unfair Dismissal
Case Brief
Summary, issues, holding and outcome
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Parties
Mr M Jarosinski
Claimant
Nestle UK Ltd
Respondent
Procedural Posture
Employment Appeal / Judgment on Appeal and Cross Appeal
Legal Issues
- 1 Whether the Employment Judge erred by deciding the reconsideration application alone instead of the full Tribunal
- 2 Whether the sift stage under Rule 72(1) was omitted
- 3 Whether irrelevant factors were considered in the reconsideration decision
Ratio Decidendi
The Employment Judge erred by omitting the sift stage under Rule 72(1) and deciding the reconsideration application alone instead of the full Tribunal, rendering the decision unsafe and requiring it to be set aside and remitted to a different Judge for reconsideration under Rule 72(1).
Court Disposition
Appeal allowed in part, cross-appeal allowed.
Orders
- The reconsideration decision is set aside.
- The reconsideration application is remitted to a different Employment Judge for consideration under Rule 72(1).
Full Case Text
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