Ashley (t/a Crusader Medical Care) v. Hatherley [2000] UKEAT 273_00_1306 (13 June 2000)

Ashley (t/a Crusader Medical Care) v. Hatherley [2000] UKEAT 273_00_1306 (13 June 2000)

The Employment Tribunal's reasoning on the grounds for dismissal and the categorization of the conduct as gross misconduct was inconsistent and unclear, warranting further examination by a full Appeal Tribunal.

Citation
[2000] UKEAT 273_00_1306
Parties
Applicant/employee: Mrs Hatherley; Respondent/employer: Unnamed Respondent Employer
Jurisdiction
United Kingdom
Judgment Date
13 June 2000
Procedural Posture
Employment Appeal / Preliminary Hearing – Ex Parte
Outcome
Appeal to be heard by a full Appeal Tribunal.
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Gross Misconduct, Procedural Fairness
Employment Law Unfair Dismissal Wrongful Dismissal Gross Misconduct Procedural Fairness

Case Brief

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Parties

Mrs Hatherley

Applicant/employee

Unnamed Respondent Employer

Respondent/employer

Procedural Posture

Employment Appeal / Preliminary Hearing – Ex Parte

Legal Issues

  1. 1 Whether the dismissal of Mrs Hatherley was unfair and/or wrongful
  2. 2 Whether procedural inadequacies affected the fairness of the dismissal
  3. 3 Whether the conduct constituted gross misconduct

Ratio Decidendi

The Employment Tribunal's reasoning on the grounds for dismissal and the categorization of the conduct as gross misconduct was inconsistent and unclear, warranting further examination by a full Appeal Tribunal.

Court Disposition

Appeal to be heard by a full Appeal Tribunal.

Orders

  • Chairman's Notes of Evidence not required for appeal.
  • Notes of hearing to be included in appendix to bundle.