Greater Manchester Buses North v Heyes [1997] UKEAT 645_96_2102 (21 February 1997)

Greater Manchester Buses North v Heyes [1997] UKEAT 645_96_2102 (21 February 1997)

The tribunal's decision was fundamentally flawed because it failed to set out and apply the correct legal test for unfair dismissal, did not clarify the issues being determined, and did not make adequate findings of fact or reasoning as required.

Citation
[1997] UKEAT 645_96_2102
Parties
Advocate for Appellants: Miss J Woodward; Solicitors for Appellants: Messrs Horwich Farrelly; Advocate for Respondent: Mr R M L Tyrrell; Solicitors for Respondent: Messrs Maidments
Jurisdiction
United Kingdom
Judgment Date
21 February 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; case remitted for rehearing
Legal Topics
Unfair Dismissal, Procedural Fairness, Tribunal Procedure
Employment Law Unfair Dismissal Procedural Fairness Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Miss J Woodward

Advocate for Appellants

Messrs Horwich Farrelly

Solicitors for Appellants

Mr R M L Tyrrell

Advocate for Respondent

Messrs Maidments

Solicitors for Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal applied the correct legal test for unfair dismissal
  2. 2 Whether procedural deficiencies rendered the dismissal unfair
  3. 3 Whether the tribunal adequately identified and addressed the issues in the claim

Ratio Decidendi

The tribunal's decision was fundamentally flawed because it failed to set out and apply the correct legal test for unfair dismissal, did not clarify the issues being determined, and did not make adequate findings of fact or reasoning as required.

Court Disposition

Appeal allowed; case remitted for rehearing

Orders

  • The matter is remitted to a differently constituted tribunal for rehearing.