Jackson v. Wigan Metropolitan Borough Council [2007] UKEAT 0393_06_2802 (28 February 2007)

Jackson v. Wigan Metropolitan Borough Council [2007] UKEAT 0393_06_2802 (28 February 2007)

The Tribunal erred by failing to address the statutory guidance applicable to the dismissal of a teaching assistant under the Education Act 2002; this omission requires remission for reconsideration of this issue.

Citation
[2007] UKEAT 0393_06_2802
Parties
Claimant: Ms Jackson; Respondents: Shevington High School and Wigan Council
Jurisdiction
United Kingdom
Judgment Date
28 February 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Remitted for re-hearing on statutory guidance issue
Legal Topics
Unfair Dismissal, Fixed Term Contracts, Statutory Guidance, Education Sector Employment
Employment Law Unfair Dismissal Fixed Term Contracts Statutory Guidance Education Sector Employment

Case Brief

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Parties

Ms Jackson

Claimant

Shevington High School and Wigan Council

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the dismissal of the claimant was fair under the Employment Rights Act 1996
  2. 2 Whether statutory guidance under the Education Act 2002 was properly considered by the Tribunal

Ratio Decidendi

The Tribunal erred by failing to address the statutory guidance applicable to the dismissal of a teaching assistant under the Education Act 2002; this omission requires remission for reconsideration of this issue.

Court Disposition

Remitted for re-hearing on statutory guidance issue

Orders

  • Case remitted to the same Employment Tribunal to consider the applicability and effect of statutory guidance under the Education Act 2002