Doherty & Anor v SW Global Resourcing Ltd [2013] ScotCS CSIH_72 (21 August 2013)

Doherty & Anor v SW Global Resourcing Ltd [2013] ScotCS CSIH_72 (21 August 2013)

The EAT erred in substituting its own finding of fairness without proper consideration of all relevant circumstances, including the respondent's ignorance of the legal consequences and the substantive impact on the appellants' statutory rights. The matter should be remitted to the Employment Tribunal for a full assessment of fairness.

Citation
[2013] ScotCS CSIH_72
Parties
Appellant: James Docherty; Appellant: Gary Jones; Respondent: SW Global Resourcing Limited
Jurisdiction
Scotland
Judgment Date
21 August 2013
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Session
Outcome
Appeal allowed in part; order of the EAT recalled; case remitted to the Employment Tribunal to determine fairness of dismissal.
Legal Topics
Constructive Dismissal, Unfair Dismissal, Some Other Substantial Reason, Variation of Contract, Consultation Requirements
Employment Law Constructive Dismissal Unfair Dismissal Some Other Substantial Reason Variation of Contract Consultation Requirements

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 2 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

James Docherty

Appellant

Gary Jones

Appellant

SW Global Resourcing Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellants were unfairly dismissed for 'some other substantial reason' under section 98(1)(b) of the Employment Rights Act 1996
  2. 2 Whether the respondent's ignorance of the legal consequences of its actions affected the fairness of the dismissal
  3. 3 Whether the Employment Appeal Tribunal was correct to substitute its own finding of fairness

Ratio Decidendi

The EAT erred in substituting its own finding of fairness without proper consideration of all relevant circumstances, including the respondent's ignorance of the legal consequences and the substantive impact on the appellants' statutory rights. The matter should be remitted to the Employment Tribunal for a full assessment of fairness.

Court Disposition

Appeal allowed in part; order of the EAT recalled; case remitted to the Employment Tribunal to determine fairness of dismissal.

Orders

  • Refuse first ground of appeal (fair notice)
  • Sustain second ground of appeal (fairness)