The Partners of Haxby Practice v Collen (Contract of Employment : Whether established) (Rev 1) [2012] UKEAT 0120_12_2911 (29 November 2012)

The Partners of Haxby Practice v Collen (Contract of Employment : Whether established) (Rev 1) [2012] UKEAT 0120_12_2911 (29 November 2012)

On the facts found by the Tribunal, no binding contract was formed during the telephone conversation as both parties intended that a written offer and acceptance would be required. The subsequent written offer, specifying the higher salary, was accepted by the Claimant in good faith and without knowledge of any mistake. Therefore, the contract was formed at the higher salary. The divergence between oral and written reasons did not amount to an error of law, and the Judge's conduct, while open to criticism, did not vitiate the fairness of the proceedings.

Citation
[2012] UKEAT 0120_12_2911
Parties
Claimant: Claimant (unnamed); Respondent/appellant: Haxby Group (GP partnership)
Jurisdiction
United Kingdom
Judgment Date
29 November 2012
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing on Appeal
Outcome
Appeal dismissed
Legal Topics
Contract Formation, Mistake in Contract, Wrongful Dismissal, Unlawful Deductions, Bias in Tribunal Proceedings, Reasons for Decision
Employment Law Contract Law Civil Procedure Contract Formation Mistake in Contract Wrongful Dismissal Unlawful Deductions Bias in Tribunal Proceedings +1 more

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Parties

Claimant (unnamed)

Claimant

Haxby Group (GP partnership)

Respondent/appellant

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing on Appeal

Legal Issues

  1. 1 Whether a binding contract of employment was formed at the higher salary figure
  2. 2 Whether the written or oral reasons of the Tribunal were inconsistent and if that constituted an error of law
  3. 3 Whether the conduct of the Tribunal Judge amounted to bias or procedural unfairness

Ratio Decidendi

On the facts found by the Tribunal, no binding contract was formed during the telephone conversation as both parties intended that a written offer and acceptance would be required. The subsequent written offer, specifying the higher salary, was accepted by the Claimant in good faith and without knowledge of any mistake. Therefore, the contract was formed at the higher salary. The divergence between oral and written reasons did not amount to an error of law, and the Judge's conduct, while open to criticism, did not vitiate the fairness of the proceedings.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed and does not proceed to a full hearing.
  • The Tribunal's decision in favour of the Claimant stands.