Kell v Durham Police Authority

Kell v Durham Police Authority

The appellant failed to demonstrate any material error of law by the Employment Tribunal. The Tribunal's findings of fact regarding lack of good faith and the reasons for dismissal were entitled to deference. No arguable grounds for appeal exist, and permission to appeal is refused.

Parties
Appellant: Philip Kell; Respondent: Durham Police Authority
Jurisdiction
England and Wales
Judgment Date
20 June 2012
Procedural Posture
Employment Appeal / Renewed Application for Permission to Appeal to Court of Appeal
Outcome
permission to appeal refused
Legal Topics
Protected Disclosure, Disability Discrimination, Dismissal, Appeal Procedure
Employment Law Disability Discrimination Protected Disclosure Dismissal Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Philip Kell

Appellant

Durham Police Authority

Respondent

Procedural Posture

Employment Appeal / Renewed Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing claims for protected disclosure and disability discrimination
  2. 2 Whether the appellant acted in good faith regarding alleged protected disclosures
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The appellant failed to demonstrate any material error of law by the Employment Tribunal. The Tribunal's findings of fact regarding lack of good faith and the reasons for dismissal were entitled to deference. No arguable grounds for appeal exist, and permission to appeal is refused.

Court Disposition

permission to appeal refused