Gosnold v BA Security Ltd (Practice and Procedure : Bias, misconduct and procedural irregularity) [2011] UKEAT 0110_11_2707 (27 July 2011)

Gosnold v BA Security Ltd (Practice and Procedure : Bias, misconduct and procedural irregularity) [2011] UKEAT 0110_11_2707 (27 July 2011)

The Employment Tribunal erred in law by determining that the Claimant was not dismissed when dismissal was admitted by the Respondent and the Claimant was not given an opportunity to make submissions on the issue; the appeal is allowed and a finding of dismissal is substituted.

Citation
[2011] UKEAT 0110_11_2707
Parties
Appellant/claimant: Mr Dean Gosnold; Respondent/employer: BA Security Limited
Jurisdiction
United Kingdom
Judgment Date
27 July 2011
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed
Legal Topics
Unfair Dismissal, Redundancy, Disability Discrimination, Procedural Irregularity, Bias
Employment Law Unfair Dismissal Redundancy Disability Discrimination Procedural Irregularity Bias

Case Brief

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Parties

Mr Dean Gosnold

Appellant/claimant

BA Security Limited

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by determining the Claimant was not dismissed despite admission by the Respondent
  2. 2 Whether the Tribunal committed procedural irregularity by not allowing submissions on the issue of dismissal
  3. 3 Whether the Tribunal's finding of no dismissal was perverse

Ratio Decidendi

The Employment Tribunal erred in law by determining that the Claimant was not dismissed when dismissal was admitted by the Respondent and the Claimant was not given an opportunity to make submissions on the issue; the appeal is allowed and a finding of dismissal is substituted.

Court Disposition

Appeal allowed

Orders

  • Substitute a finding that the Claimant was dismissed
  • Remit the matter to a freshly constituted Tribunal for rehearing