Mallenash Ltd v Hussein [1997] UKEAT 837_97_2010 (20 October 1997)

Mallenash Ltd v Hussein [1997] UKEAT 837_97_2010 (20 October 1997)

The appeal raises arguable points on the calculation of compensation, the nature of the ex gratia payment, and the justification for dismissal, all of which warrant a full hearing. The Tribunal's jurisdiction under Section 21 of the Industrial Tribunals Act 1996 must be resolved before proceeding.

Citation
[1997] UKEAT 837_97_2010
Parties
Respondent / Employee: Mrs Hussein; Appellant / Employer: Employers (Appellants)
Jurisdiction
United Kingdom
Judgment Date
20 October 1997
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal
Outcome
Appeal adjourned pending resolution of jurisdiction; leave granted to argue all three grounds at a full hearing if jurisdiction is established.
Legal Topics
Breach of Contract, Compensation Assessment, Gross Vs Net Pay, Ex Gratia Payment, Misconduct, Jurisdiction
Employment Law Contract Law Breach of Contract Compensation Assessment Gross Vs Net Pay Ex Gratia Payment Misconduct Jurisdiction

Case Brief

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Parties

Mrs Hussein

Respondent / Employee

Employers (Appellants)

Appellant / Employer

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal

Legal Issues

  1. 1 Whether compensation should be calculated on gross or net pay
  2. 2 Whether an ex gratia payment was compensation for overtime or otherwise
  3. 3 Whether writing a letter to the Inspection Unit constituted gross misconduct

Ratio Decidendi

The appeal raises arguable points on the calculation of compensation, the nature of the ex gratia payment, and the justification for dismissal, all of which warrant a full hearing. The Tribunal's jurisdiction under Section 21 of the Industrial Tribunals Act 1996 must be resolved before proceeding.

Court Disposition

Appeal adjourned pending resolution of jurisdiction; leave granted to argue all three grounds at a full hearing if jurisdiction is established.

Orders

  • Appeal adjourned until jurisdiction is resolved.
  • If jurisdiction exists, case to proceed to full hearing without further preliminary hearing.