Ness v. EXEL [2001] UKEAT 0441_01_0810 (8 October 2001)

Ness v. EXEL [2001] UKEAT 0441_01_0810 (8 October 2001)

The Tribunal's findings on the employer's investigation and consistency of disciplinary action raise an arguable point of law regarding fairness of dismissal, warranting a full hearing.

Citation
[2001] UKEAT 0441_01_0810
Parties
Appellant: Christopher Ness; Respondent: Exel Logistics
Jurisdiction
United Kingdom
Judgment Date
08 October 2001
Procedural Posture
Employment Appeal / Preliminary Hearing Ex Parte
Outcome
Appeal proceeds to full hearing on the point of inconsistent treatment.
Legal Topics
Unfair Dismissal, Disciplinary Procedures, Consistency of Treatment
Employment Law Unfair Dismissal Disciplinary Procedures Consistency of Treatment

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Christopher Ness

Appellant

Exel Logistics

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether the employer failed to properly investigate the original reason for dismissal
  2. 2 Whether the employer acted inconsistently in disciplinary action against employees
  3. 3 Whether the dismissal was unfair under Section 98 of the Employment Rights Act 1996

Ratio Decidendi

The Tribunal's findings on the employer's investigation and consistency of disciplinary action raise an arguable point of law regarding fairness of dismissal, warranting a full hearing.

Court Disposition

Appeal proceeds to full hearing on the point of inconsistent treatment.

Orders

  • The case will go forward for a Full Hearing on the issue of inconsistent disciplinary treatment.
  • The Tribunal should call for the Chairman's notes regarding the investigation into the conduct of Mr Greenfield and Mr Spence.