Stanley Cole (Wainfleet) Ltd. v Sheridan

Stanley Cole (Wainfleet) Ltd. v Sheridan

The appeal was dismissed because the authorities cited were not central to the decision, no material injustice resulted from the tribunal's failure to alert the parties, and the evidence relied upon was available and foreseeable at the original hearing. Procedural irregularity alone does not justify setting aside a decision absent substantial prejudice.

Parties
Appellant: Stanley Cole (Wainfleet) Ltd.; Respondent: Sheridan
Jurisdiction
England and Wales
Judgment Date
25 July 2003
Procedural Posture
Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Procedural Fairness, Review of Tribunal Decisions, Natural Justice
Employment Law Civil Procedure Constructive Dismissal Procedural Fairness Review of Tribunal Decisions Natural Justice

Case Brief

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Parties

Stanley Cole (Wainfleet) Ltd.

Appellant

Sheridan

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether failure by a tribunal to alert advocates to material authorities constitutes grounds for appeal
  2. 2 Whether new evidence was available or foreseeable at the time of the original hearing
  3. 3 Whether procedural irregularity or unfairness occurred in the review hearing

Ratio Decidendi

The appeal was dismissed because the authorities cited were not central to the decision, no material injustice resulted from the tribunal's failure to alert the parties, and the evidence relied upon was available and foreseeable at the original hearing. Procedural irregularity alone does not justify setting aside a decision absent substantial prejudice.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs agreed at £3,000 plus VAT