Ullah v Celmec Ltd [1997] UKEAT 765_96_1401 (14 January 1997)

Ullah v Celmec Ltd [1997] UKEAT 765_96_1401 (14 January 1997)

There is an arguable point of law based on the recent decision in Aspden v Webb Poultry regarding implied terms in employment contracts relating to dismissal for long-term disability, warranting a full hearing.

Citation
[1997] UKEAT 765_96_1401
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
14 January 1997
Procedural Posture
Employment Appeal / Preliminary Hearing Ex Parte
Outcome
Leave to appeal granted
Legal Topics
Implied Terms, Unfair Dismissal, Long Term Disability
Employment Law Implied Terms Unfair Dismissal Long Term Disability

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether there was an implied term preventing dismissal on grounds of long-term disability where the employee may have rights under a long-term disability insurance scheme
  2. 2 Whether the dismissal was unreasonable and unfair in light of recent case law

Ratio Decidendi

There is an arguable point of law based on the recent decision in Aspden v Webb Poultry regarding implied terms in employment contracts relating to dismissal for long-term disability, warranting a full hearing.

Court Disposition

Leave to appeal granted

Orders

  • Matter to proceed to a full hearing
  • No order for Notes of Evidence