Yorkshire Rider Ltd v. Neckles [2001] UKEAT 893_99_1107 (11 July 2001)

Yorkshire Rider Ltd v. Neckles [2001] UKEAT 893_99_1107 (11 July 2001)

The Tribunal was entitled to find the dismissal unfair due to unreasonable delay in disciplinary proceedings and failure to address possible bias, but erred in law by failing to make a finding on contributory fault when ordering reinstatement.

Citation
[2001] UKEAT 893_99_1107
Parties
Appellant/respondent: Yorkshire Rider Ltd; Respondent/applicant: Mr Neckles
Jurisdiction
United Kingdom
Judgment Date
11 July 2001
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decisions on Liability and Remedy
Outcome
Liability appeal dismissed; remedies appeal allowed and remitted for reconsideration of contributory fault and reinstatement order.
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Reinstatement, Contributory Fault, Health and Safety Detriment
Employment Law Unfair Dismissal Wrongful Dismissal Reinstatement Contributory Fault Health and Safety Detriment

Case Brief

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Parties

Yorkshire Rider Ltd

Appellant/respondent

Mr Neckles

Respondent/applicant

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decisions on Liability and Remedy

Legal Issues

  1. 1 Whether the dismissal of the Applicant was unfair under Section 98(4) ERA 1996
  2. 2 Whether the Applicant was wrongfully dismissed at common law
  3. 3 Whether the Employment Tribunal erred in not addressing contributory fault in the remedies decision

Ratio Decidendi

The Tribunal was entitled to find the dismissal unfair due to unreasonable delay in disciplinary proceedings and failure to address possible bias, but erred in law by failing to make a finding on contributory fault when ordering reinstatement.

Court Disposition

Liability appeal dismissed; remedies appeal allowed and remitted for reconsideration of contributory fault and reinstatement order.

Orders

  • Remedies decision set aside and remitted to the same Tribunal for a finding on contributory fault and reconsideration of reinstatement.