Knight v. Holdsworth [2001] UKEAT 979_00_2201 (22 January 2001)

Knight v. Holdsworth [2001] UKEAT 979_00_2201 (22 January 2001)

The Tribunal's determination of the reasonable period for the disciplinary procedure was not perverse and thus stands; no credit is due for pay in lieu of notice as dismissal would have occurred at the end of the notional disciplinary period.

Citation
[2001] UKEAT 979_00_2201
Parties
Appellant/respondent: Ms Knight; Applicant/claimant: Miss Holdsworth
Jurisdiction
United Kingdom
Judgment Date
22 January 2001
Procedural Posture
Employment Appeal / Preliminary Hearing Ex Parte
Outcome
Appeal dismissed
Legal Topics
Breach of Contract, Disciplinary Procedure, Notice Period, Damages
Employment Law Contract Law Breach of Contract Disciplinary Procedure Notice Period Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Knight

Appellant/respondent

Miss Holdsworth

Applicant/claimant

Procedural Posture

Employment Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether the Tribunal erred in its assessment of the contractual disciplinary procedure timeline for dismissal
  2. 2 Whether credit should be given for pay in lieu of notice against damages awarded

Ratio Decidendi

The Tribunal's determination of the reasonable period for the disciplinary procedure was not perverse and thus stands; no credit is due for pay in lieu of notice as dismissal would have occurred at the end of the notional disciplinary period.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed at this stage.