Gardiner Technology Ltd v Breakwell [1996] UKEAT 856_95_1201 (12 January 1996)

Gardiner Technology Ltd v Breakwell [1996] UKEAT 856_95_1201 (12 January 1996)

The tribunal was entitled to find the dismissal unfair due to lack of procedural fairness, inadequate training, and failure to allow the employee to state his case; no arguable point of law arises for appeal.

Citation
[1996] UKEAT 856_95_1201
Parties
Employee: Mr Breakwell; Employer: Employer (represented by Mr Michael Brook, Director)
Jurisdiction
United Kingdom
Judgment Date
12 January 1996
Procedural Posture
Employment Appeal / Preliminary Hearing on Leave to Appeal
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Procedural Fairness, Compensation
Employment Law Unfair Dismissal Procedural Fairness Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Breakwell

Employee

Employer (represented by Mr Michael Brook, Director)

Employer

Procedural Posture

Employment Appeal / Preliminary Hearing on Leave to Appeal

Legal Issues

  1. 1 Whether the dismissal of Mr Breakwell was unfair
  2. 2 Whether the employer was denied a fair hearing due to lack of oral evidence
  3. 3 Whether inadequate training and lack of warning affected fairness of dismissal

Ratio Decidendi

The tribunal was entitled to find the dismissal unfair due to lack of procedural fairness, inadequate training, and failure to allow the employee to state his case; no arguable point of law arises for appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; original tribunal decision and compensation award stand.