Newnham (t/a Dial-A-Rod Environment Services) v. Berry [2001] UKEAT 506_01_1511 (15 November 2001)

Newnham (t/a Dial-A-Rod Environment Services) v. Berry [2001] UKEAT 506_01_1511 (15 November 2001)

There is an arguable case for appeal regarding the Tribunal's findings, but the appellant faces significant challenges due to the Tribunal's assessment of witness evidence.

Source-derived case information.

Citation
[2001] UKEAT 506_01_1511
Parties
Respondent: Ms L Berry; Appellant: Appellant
Jurisdiction
United Kingdom
Judgment Date
15 November 2001
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing
Outcome
Permission to proceed with appeal granted
Legal Topics
Sexual Harassment, Constructive Dismissal, Sex Discrimination, Written Statement of Employment
Employment Law Discrimination Law Sexual Harassment Constructive Dismissal Sex Discrimination Written Statement of Employment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms L Berry

Respondent

Appellant

Appellant

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Tribunal erred in finding sex discrimination
  2. 2 Whether findings were made on matters without evidence
  3. 3 Whether the claim for constructive dismissal and written statement of employment was properly withdrawn

Ratio Decidendi

There is an arguable case for appeal regarding the Tribunal's findings, but the appellant faces significant challenges due to the Tribunal's assessment of witness evidence.

Court Disposition

Permission to proceed with appeal granted

Orders

  • Appellant to request admissions from Respondent within reasonable time
  • If admissions not made, Chairman's notes may be sought