Portland Asset Maintenance Ltd v. Abaronye [2001] UKEAT 936_00_1501 (15 January 2001)

Portland Asset Maintenance Ltd v. Abaronye [2001] UKEAT 936_00_1501 (15 January 2001)

The Tribunal had sufficient evidence to find that the employer retained a week in hand and that the respondent was not dismissed on 31 August but resigned on 23 September; these are findings of fact not open to reconsideration on appeal.

Citation
[2001] UKEAT 936_00_1501
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
15 January 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Unauthorised Deduction From Wages, Dismissal, Holiday Pay, Notice Period
Employment Law Unauthorised Deduction From Wages Dismissal Holiday Pay Notice Period

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the respondent was entitled to payment for week in hand, wages for 7-23 September, accrued holiday pay, and notice period
  2. 2 Whether the respondent had already been paid the week in hand
  3. 3 Whether the respondent was dismissed on 31 August or resigned on 23 September

Ratio Decidendi

The Tribunal had sufficient evidence to find that the employer retained a week in hand and that the respondent was not dismissed on 31 August but resigned on 23 September; these are findings of fact not open to reconsideration on appeal.

Court Disposition

appeal dismissed