Bardrick v DSG Retail Ltd [2000] UKEAT 1113_99_1306 (13 June 2000)

Bardrick v DSG Retail Ltd [2000] UKEAT 1113_99_1306 (13 June 2000)

The Employment Tribunal erred in failing to consider the fairness of the appeal procedure regarding non-disclosure of allegations in the memorandum, warranting remission for further consideration.

Source-derived case information.

Citation
[2000] UKEAT 1113_99_1306
Parties
Appellant: Brian; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
13 June 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
matter remitted to Employment Tribunal for further consideration
Legal Topics
Unfair Dismissal, Disciplinary Procedures, Appeal Process, Procedural Fairness
Employment Law Unfair Dismissal Disciplinary Procedures Appeal Process Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Brian

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the dismissal was within the range of reasonable responses open to a reasonable employer
  2. 2 Whether the line manager's involvement in the disciplinary process was appropriate
  3. 3 Whether the appeal procedure was unfair due to non-disclosure of a memorandum containing allegations

Ratio Decidendi

The Employment Tribunal erred in failing to consider the fairness of the appeal procedure regarding non-disclosure of allegations in the memorandum, warranting remission for further consideration.

Court Disposition

matter remitted to Employment Tribunal for further consideration

Orders

  • Remit to same Tribunal to consider fairness of appeal procedure regarding non-disclosure of memorandum
  • Determine if non-disclosure led to unfair dismissal