Panasonic Industrial Europe Ltd v. Purdom [2001] UKEAT 1166_00_2302 (23 February 2001)

Panasonic Industrial Europe Ltd v. Purdom [2001] UKEAT 1166_00_2302 (23 February 2001)

The Employment Tribunal did not determine the start date of Mr Purdom's employment at the previous hearing; the hearing was a directions hearing, no evidence was heard, and the Tribunal expressly declined to rule on the length of service. Therefore, issue estoppel does not apply and Mr Purdom is not barred from pursuing his claim.

Citation
[2001] UKEAT 1166_00_2302
Parties
Applicant/respondent: Mr Purdom; Respondent/appellant: Panasonic Industrial Europe Ltd
Jurisdiction
United Kingdom
Judgment Date
23 February 2001
Procedural Posture
Employment Tribunal Appeal / Appeal Against Preliminary Order (adjournment and Relisting)
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Issue Estoppel, Qualifying Period of Employment, Procedural Fairness
Employment Law Unfair Dismissal Issue Estoppel Qualifying Period of Employment Procedural Fairness

Case Brief

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Parties

Mr Purdom

Applicant/respondent

Panasonic Industrial Europe Ltd

Respondent/appellant

Procedural Posture

Employment Tribunal Appeal / Appeal Against Preliminary Order (adjournment and Relisting)

Legal Issues

  1. 1 Whether issue estoppel prevents Mr Purdom from arguing his employment commenced before 16 June 1997
  2. 2 Whether the Employment Tribunal's previous order determined the start date of employment
  3. 3 Whether the principle in Henderson v Henderson applies to bar the claim

Ratio Decidendi

The Employment Tribunal did not determine the start date of Mr Purdom's employment at the previous hearing; the hearing was a directions hearing, no evidence was heard, and the Tribunal expressly declined to rule on the length of service. Therefore, issue estoppel does not apply and Mr Purdom is not barred from pursuing his claim.

Court Disposition

Appeal dismissed

Orders

  • The preliminary hearing as to whether the applicant has the requisite length of service to pursue his claim of unfair dismissal is to be relisted before a full tribunal of three (excluding the previous chairman) with a time estimate of half a day.