Botham v. Destec Engineering Ltd [2000] UKEAT 465_00_0707 (7 July 2000)

Botham v. Destec Engineering Ltd [2000] UKEAT 465_00_0707 (7 July 2000)

The appeal is arguable on the grounds that the Tribunal may have erred in its approach to mitigation, particularly regarding the requirement to accept self-employment and incur costs for a licence, and that new evidence regarding the nature of the alternative job may justify review. The refusal to provide Extended Reasons is also arguable if the request was made in time or delayed due to Tribunal error.

Citation
[2000] UKEAT 465_00_0707
Parties
Appellant: Andrew Botham; Respondent: Destec Engineering Ltd
Jurisdiction
United Kingdom
Judgment Date
07 July 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed to full hearing on amended grounds.
Legal Topics
Unfair Dismissal, Redundancy, Mitigation of Loss, Review of Tribunal Decision, Extended Reasons
Employment Law Unfair Dismissal Redundancy Mitigation of Loss Review of Tribunal Decision Extended Reasons

Case Brief

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Parties

Andrew Botham

Appellant

Destec Engineering Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in awarding only £328.93 to Mr Botham for unfair dismissal and redundancy.
  2. 2 Whether the Tribunal erred in refusing to review its decision in light of new evidence regarding the nature of alternative employment.
  3. 3 Whether the Tribunal erred in refusing to provide Extended Reasons for its decision.

Ratio Decidendi

The appeal is arguable on the grounds that the Tribunal may have erred in its approach to mitigation, particularly regarding the requirement to accept self-employment and incur costs for a licence, and that new evidence regarding the nature of the alternative job may justify review. The refusal to provide Extended Reasons is also arguable if the request was made in time or delayed due to Tribunal error.

Court Disposition

Appeal allowed to proceed to full hearing on amended grounds.

Orders

  • Leave granted to amend Notice of Appeal within 21 days of judgment transcript.
  • Appellant to swear and lodge affidavit within 21 days.