Cerberus Software Ltd v Rowley [1998] UKEAT 1023_98_1711 (17 November 1998)

The appeal raises an arguable point of law regarding the effect of alternative employment on compensation for wrongful dismissal, warranting a full hearing.

Citation: [1998] UKEAT 1023_98_1711
Parties: Appellant: Cerberus Software Ltd; Respondent: Mr Rowley
Jurisdiction: United Kingdom
Judgment Date: 17 November 1998
Procedural Posture: Employment Appeal / Preliminary Hearing on Arguable Point of Law
Outcome: Appeal to proceed to full hearing
Legal Topics: Unfair Dismissal, Breach of Contract, Notice Period, Summary Dismissal

Employment Law Unfair Dismissal Breach of Contract Notice Period Summary Dismissal

Case Brief

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Parties

Cerberus Software Ltd

Appellant

Mr Rowley

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Arguable Point of Law

Legal Issues

1 Whether the employer was entitled to summarily dismiss the employee under the contract clause
2 Entitlement of employee to compensation when alternative employment is obtained before expiry of notice period

Ratio Decidendi

The appeal raises an arguable point of law regarding the effect of alternative employment on compensation for wrongful dismissal, warranting a full hearing.

Court Disposition

Appeal to proceed to full hearing

Orders

Appellants to pay £1,880.00 to Respondent within 14 days as an undertaking
Case to be listed for hearing as soon as possible