Midland Sports Centre For The Disabled Trust Ltd v Leigh [1995] UKEAT 791_95_1110 (11 October 1995)

Midland Sports Centre For The Disabled Trust Ltd v Leigh [1995] UKEAT 791_95_1110 (11 October 1995)

The Industrial Tribunal's decision that the dismissal was unfair was one it was entitled to reach on the facts, and there was no arguable point of law for appeal. The order for re-instatement was not procedurally unfair, as the employer had the opportunity to present evidence on practicability but failed to do so.

Citation
[1995] UKEAT 791_95_1110
Parties
Employee/applicant: Mr Leigh; Employer/respondent: Midland Sports Centre for the Disabled Trust Ltd
Jurisdiction
United Kingdom
Judgment Date
11 October 1995
Procedural Posture
Employment Appeal / Preliminary Hearing on Leave to Appeal
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Re Instatement, Industrial Tribunal Procedure

Case Brief

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Parties

Mr Leigh

Employee/applicant

Midland Sports Centre for the Disabled Trust Ltd

Employer/respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Leave to Appeal

  1. 1 Whether the Industrial Tribunal erred in law in finding unfair dismissal
  2. 2 Whether the order for re-instatement was appropriate and procedurally fair

Ratio Decidendi

The Industrial Tribunal's decision that the dismissal was unfair was one it was entitled to reach on the facts, and there was no arguable point of law for appeal. The order for re-instatement was not procedurally unfair, as the employer had the opportunity to present evidence on practicability but failed to do so.

Court Disposition

Appeal dismissed

Orders

  • Matter to return to Industrial Tribunal for further consideration of orders