Cafagna v ISS Mediclean Ltd [2008] UKEAT 0318_08_2910 (29 October 2008)

Cafagna v ISS Mediclean Ltd [2008] UKEAT 0318_08_2910 (29 October 2008)

There was no procedural unfairness as the Claimant did not dispute the factual evidence regarding his sick leave, and the Tribunal's decision was plainly correct. The Tribunal's reasons were adequate and no error of law was found.

Citation
[2008] UKEAT 0318_08_2910
Parties
Appellant/claimant: Mr G Cafagna; Respondent/employer: ISS Mediclean Limited
Jurisdiction
United Kingdom
Judgment Date
29 October 2008
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Unlawful Deduction From Wages, Sick Pay Entitlement, Procedural Fairness, Employment Tribunal Procedure
Employment Law Unlawful Deduction From Wages Sick Pay Entitlement Procedural Fairness Employment Tribunal Procedure

Case Brief

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Parties

Mr G Cafagna

Appellant/claimant

ISS Mediclean Limited

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether there was procedural unfairness due to late change in Respondent's factual case
  2. 2 Whether the Employment Tribunal's decision on sick pay entitlement was correct
  3. 3 Whether the Tribunal's reasons were adequate

Ratio Decidendi

There was no procedural unfairness as the Claimant did not dispute the factual evidence regarding his sick leave, and the Tribunal's decision was plainly correct. The Tribunal's reasons were adequate and no error of law was found.

Court Disposition

Appeal dismissed