J P Fitzpatrick (Cable TV) Ltd v Whicker [1997] UKEAT 1165_97_1012 (10 December 1997)

The appeal raises arguable points on the burden of proof and the correct interpretation of s.104 Employment Rights Act 1996, warranting a full appeal hearing.

Citation: [1997] UKEAT 1165_97_1012
Parties: Employee/complainant: Mrs Whicker; Employer/appellant: J P Fitzpatrick (Cable TV) Ltd
Jurisdiction: United Kingdom
Judgment Date: 10 December 1997
Procedural Posture: Employment Appeal / Preliminary Hearing Ex Parte
Outcome: Matter to proceed to full appeal hearing on identified points
Legal Topics: Unfair Dismissal, Statutory Rights, Burden of Proof

Employment Law Unfair Dismissal Statutory Rights Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Whicker

Employee/complainant

J P Fitzpatrick (Cable TV) Ltd

Employer/appellant

Procedural Posture

Employment Appeal / Preliminary Hearing Ex Parte

Legal Issues

1 Whether the tribunal wrongly placed the burden of proving the reason for dismissal on the employer
2 Whether the tribunal failed to consider the precise limits of s.104 Employment Rights Act 1996

Ratio Decidendi

The appeal raises arguable points on the burden of proof and the correct interpretation of s.104 Employment Rights Act 1996, warranting a full appeal hearing.

Court Disposition

Matter to proceed to full appeal hearing on identified points

Orders

Case to be listed for half a day
No direction for Chairman's Notes of Evidence