Boxall v Southside Rehabilitation Association Ltd [1996] UKEAT 1156_95_1303 (13 March 1996)

Boxall v Southside Rehabilitation Association Ltd [1996] UKEAT 1156_95_1303 (13 March 1996)

The point regarding the application of the Polkey exception in the context of a contractual disciplinary procedure is a significant legal issue warranting a full hearing.

Citation
[1996] UKEAT 1156_95_1303
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
13 March 1996
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Leave granted for full hearing before the Employment Appeal Tribunal.
Legal Topics
Disciplinary Procedure, Contractual Obligation, Unfair Dismissal

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

  1. 1 Whether the exception to the doctrine in Polkey applies where the employer is contractually obligated to follow a specific disciplinary procedure

Ratio Decidendi

The point regarding the application of the Polkey exception in the context of a contractual disciplinary procedure is a significant legal issue warranting a full hearing.

Court Disposition

Leave granted for full hearing before the Employment Appeal Tribunal.

Orders

  • Appellant granted leave to proceed to a full hearing on the specified legal issue.