Esden v McGee [1998] UKEAT 707_97_2801 (28 January 1998)

Esden v McGee [1998] UKEAT 707_97_2801 (28 January 1998)

The application for leave to appeal out of time was dismissed due to lack of merit, inadequate explanation for delay, excessive delay, and prejudice to the respondent. The application for a full hearing of the appeal against the review of the remedies decision was dismissed as the Tribunal made no error of law in awarding compensation for car expenses and notice pay.

Citation
[1998] UKEAT 707_97_2801
Parties
Appellant/respondent Before Industrial Tribunal: Mr Esden; Respondent/applicant Before Industrial Tribunal: Mr McGee
Jurisdiction
United Kingdom
Judgment Date
28 January 1998
Procedural Posture
Employment Appeal / Preliminary Hearing on Applications for Leave to Appeal Out of Time and for Full Hearing of Appeal
Outcome
Applications dismissed
Legal Topics
Unfair Dismissal, Redundancy, Remedies, Extension of Time, Compensation
Employment Law Unfair Dismissal Redundancy Remedies Extension of Time Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mr Esden

Appellant/respondent Before Industrial Tribunal

Mr McGee

Respondent/applicant Before Industrial Tribunal

Procedural Posture

Employment Appeal / Preliminary Hearing on Applications for Leave to Appeal Out of Time and for Full Hearing of Appeal

Legal Issues

  1. 1 Whether leave to appeal out of time against the original Industrial Tribunal decision should be granted
  2. 2 Whether there are grounds for a full hearing of the appeal against the review of the remedies decision

Ratio Decidendi

The application for leave to appeal out of time was dismissed due to lack of merit, inadequate explanation for delay, excessive delay, and prejudice to the respondent. The application for a full hearing of the appeal against the review of the remedies decision was dismissed as the Tribunal made no error of law in awarding compensation for car expenses and notice pay.

Court Disposition

Applications dismissed

Orders

  • Application for leave to appeal out of time against the original decision is dismissed.
  • Application for leave to proceed to a full hearing of the appeal against the review of the remedies decision is dismissed.