PBF Piling Ltd v Bailey [1997] UKEAT 589_96_1310 (13 October 1997)

PBF Piling Ltd v Bailey [1997] UKEAT 589_96_1310 (13 October 1997)

There was no cogent evidence of duress in the making of the concession by the employer; the issue of contributory conduct was not raised before the Tribunal and cannot be raised for the first time on appeal; the appeal is dismissed.

Citation
[1997] UKEAT 589_96_1310
Parties
Employee/respondent: Mr Bailey; Employer/appellant: Employer Company (Appellants)
Jurisdiction
United Kingdom
Judgment Date
13 October 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Unfair Dismissal, Contributory Conduct, Duress, Appeals Procedure
Employment Law Unfair Dismissal Contributory Conduct Duress Appeals Procedure

Case Brief

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Parties

Mr Bailey

Employee/respondent

Employer Company (Appellants)

Employer/appellant

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the concession of unfair dismissal by the employer was made under duress
  2. 2 Whether the issue of contributory conduct should have been considered by the Tribunal

Ratio Decidendi

There was no cogent evidence of duress in the making of the concession by the employer; the issue of contributory conduct was not raised before the Tribunal and cannot be raised for the first time on appeal; the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; original Tribunal decision stands.