BGC Technology Support Services Ltd v Moore (Practice and Procedure: Appellate jurisdiction/Reasons/Burns-Barke) [2014] UKEAT 0211_14_0511 (05 November 2014)

BGC Technology Support Services Ltd v Moore (Practice and Procedure: Appellate jurisdiction/Reasons/Burns-Barke) [2014] UKEAT 0211_14_0511 (05 November 2014)

The Employment Judge's failure to identify and apply the relevant legal principles and the possibility of substituting his own views for those of the employer constituted errors of law, requiring the judgment to be set aside and the matter remitted to a different Employment Judge.

Citation
[2014] UKEAT 0211_14_0511
Parties
Appellant: BGC Technology Support Services Ltd; Respondent: John Moore
Jurisdiction
United Kingdom
Judgment Date
05 November 2014
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision
Outcome
Appeal allowed; judgment set aside; case remitted to a different Employment Judge.
Legal Topics
Unfair Dismissal, Employment Tribunal Procedure, Appellate Review, Reasoning Requirements
Employment Law Unfair Dismissal Employment Tribunal Procedure Appellate Review Reasoning Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

BGC Technology Support Services Ltd

Appellant

John Moore

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Judge erred in law by failing to identify and apply the relevant legal principles in an unfair dismissal claim
  2. 2 Whether the Employment Judge substituted his own views for those of the employer
  3. 3 Whether the dismissal was within the range of reasonable responses

Ratio Decidendi

The Employment Judge's failure to identify and apply the relevant legal principles and the possibility of substituting his own views for those of the employer constituted errors of law, requiring the judgment to be set aside and the matter remitted to a different Employment Judge.

Court Disposition

Appeal allowed; judgment set aside; case remitted to a different Employment Judge.

Orders

  • The judgment of the Employment Tribunal is set aside.
  • The matter is remitted to a different Employment Judge for reconsideration.