Duthie v Bath & North East Somerset Council

The application was refused because the appeal raised no arguable point of law; the Tribunal had applied the correct legal test, and the appellant's challenge was essentially on the facts, not law.

Parties: Appellant/applicant: William Alan Duthie; Respondent/respondent: Bath and North East Somerset Council
Jurisdiction: England and Wales
Judgment Date: 09 June 2004
Procedural Posture: Civil Appeal / Application for Permission to Appeal
Outcome: application for permission to appeal refused
Legal Topics: Time Off for Safety Representatives, Health and Safety at Work, Employment Appeal Procedure

Employment Law Time Off for Safety Representatives Health and Safety at Work Employment Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

William Alan Duthie

Appellant/applicant

Bath and North East Somerset Council

Respondent/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

1 Whether the Employment Tribunal erred in law in its application of regulation 4(2) of the Safety Representatives and Safety Committees Regulations 1977
2 Whether the Tribunal's decision was perverse or failed to apply the correct legal test
3 Whether section 2(4) and section 2(6) of the Health and Safety at Work Act 1974 were properly interpreted

Ratio Decidendi

The application was refused because the appeal raised no arguable point of law; the Tribunal had applied the correct legal test, and the appellant's challenge was essentially on the facts, not law.

Court Disposition

application for permission to appeal refused

Orders

Application for permission to appeal refused.