Disotto Food Ltd v Santos (Practice and Procedure) [2013] UKEAT 0623_12_1005 (10 May 2013)

No different quality of reasoning is required when a Judge sits alone; Tribunal was entitled to its findings on conduct and compensation issues are to be resolved by agreement or review.

Citation: [2013] UKEAT 0623_12_1005
Parties: Appellant's Counsel: Simon Harding; Appellant's Solicitors: Messrs Dollman & Pritchard Solicitors; Respondent (judge): Employment Judge Southam
Jurisdiction: United Kingdom
Judgment Date: 10 May 2013
Procedural Posture: Employment Appeal / Preliminary Hearing
Outcome: Appeal allowed to proceed on limited grounds; other grounds dismissed.
Legal Topics: Unfair Dismissal, Practice and Procedure, Reasoning Standards, Compensation, Disciplinary Proceedings

Employment Law Unfair Dismissal Practice and Procedure Reasoning Standards Compensation Disciplinary Proceedings

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Simon Harding

Appellant's Counsel

Messrs Dollman & Pritchard Solicitors

Appellant's Solicitors

Employment Judge Southam

Respondent (judge)

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

1 Whether Tribunal substituted its own decision for that of the employer
2 Approach to previous disciplinary warnings
3 Compensation calculation including grossing-up and contributory fault

Ratio Decidendi

No different quality of reasoning is required when a Judge sits alone; Tribunal was entitled to its findings on conduct and compensation issues are to be resolved by agreement or review.

Court Disposition

Appeal allowed to proceed on limited grounds; other grounds dismissed.

Orders

Case to be heard and finished within a day, Category B.
Parties to identify and agree evidential points.