McnIffe v. Redcar and Cleveland Borough Council [2001] UKEAT 1273_00_2803 (28 March 2001)

McnIffe v. Redcar and Cleveland Borough Council [2001] UKEAT 1273_00_2803 (28 March 2001)

There are arguable grounds regarding the sufficiency of warning and the evidential basis for the dismissal, warranting further consideration.

Citation
[2001] UKEAT 1273_00_2803
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
28 March 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Leave to appeal granted in principle, subject to consideration of grounds.
Legal Topics
Capability Dismissal, Sufficient Warning, Reporting Requirements
Employment Law Capability Dismissal Sufficient Warning Reporting Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the dismissal for capability was justified given the appellant's satisfactory performance as a residential social worker
  2. 2 Whether the appellant received sufficient warning regarding reporting failures

Ratio Decidendi

There are arguable grounds regarding the sufficiency of warning and the evidential basis for the dismissal, warranting further consideration.

Court Disposition

Leave to appeal granted in principle, subject to consideration of grounds.

Orders

  • Skeleton argument limited to grounds to be filed two weeks before hearing
  • Chronology to be filed with skeleton argument