Parascandola v. Hawtin & Anor [2000] UKEAT 972_99_1606 (16 June 2000)

Parascandola v. Hawtin & Anor [2000] UKEAT 972_99_1606 (16 June 2000)

The Employment Tribunal erred in law by failing to consider the totality of the allegations and by not making clear whether witness statements were excluded from consideration in the submission of no case to answer; the appeal is allowed and the matter remitted for rehearing.

Citation
[2000] UKEAT 972_99_1606
Parties
Applicant: Appellant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
16 June 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal allowed
Legal Topics
Constructive Dismissal, Breach of Contract, Mutual Trust and Confidence, Submission of No Case to Answer
Employment Law Constructive Dismissal Breach of Contract Mutual Trust and Confidence Submission of No Case to Answer

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Applicant

Respondents

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing the application on a submission of no case to answer
  2. 2 Whether the Tribunal failed to consider the totality of allegations of repudiatory conduct
  3. 3 Whether the Tribunal improperly considered witness statements in deciding the submission

Ratio Decidendi

The Employment Tribunal erred in law by failing to consider the totality of the allegations and by not making clear whether witness statements were excluded from consideration in the submission of no case to answer; the appeal is allowed and the matter remitted for rehearing.

Court Disposition

appeal allowed

Orders

  • matter remitted to a differently constituted Employment Tribunal for rehearing