The Medical Protection Society Ltd v. Rees [2000] UKEAT 715_00_0612 (6 December 2000)

The Medical Protection Society Ltd v. Rees [2000] UKEAT 715_00_0612 (6 December 2000)

The matters raised by the appellant are arguable and warrant further consideration; leave to amend the grounds of appeal is granted.

Citation
[2000] UKEAT 715_00_0612
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
06 December 2000
Procedural Posture
Appeal / Preliminary Hearing
Outcome
leave to appeal granted
Legal Topics
Disciplinary Procedure, Implied Contractual Obligation, Mutual Trust and Confidence
Employment Law Disciplinary Procedure Implied Contractual Obligation Mutual Trust and Confidence

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Tribunal misdirected itself regarding the construction of the disciplinary hearing
  2. 2 Whether the Tribunal imposed an unduly high standard on the employer regarding consultation with the employee
  3. 3 Whether there was a misdirection as to breaches of the implied contractual obligation of mutual trust and confidence

Ratio Decidendi

The matters raised by the appellant are arguable and warrant further consideration; leave to amend the grounds of appeal is granted.

Court Disposition

leave to appeal granted

Orders

  • Leave given to amend the ground of appeal within 14 days
  • Chairman's Notes to be given on the limited basis sought