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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the Industrial Tribunal erred in law in finding unfair dismissal
- 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
Full Case Text
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