CLC Electrical Ltd v. Lee [2000] UKEAT 607_00_1611 (16 November 2000)

CLC Electrical Ltd v. Lee [2000] UKEAT 607_00_1611 (16 November 2000)

The Tribunal's finding that the employer failed to provide an opportunity for explanation rendered the dismissal unfair, and the statutory test under section 98(4) of the Employment Rights Act was properly applied.

Citation
[2000] UKEAT 607_00_1611
Parties
Appellant: CLC Electrical Ltd; Applicant: Mr Lee
Jurisdiction
United Kingdom
Judgment Date
16 November 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Procedural Fairness, Contributory Fault
Employment Law Unfair Dismissal Procedural Fairness Contributory Fault

Case Brief

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Parties

CLC Electrical Ltd

Appellant

Mr Lee

Applicant

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the dismissal of Mr Lee was unfair due to lack of opportunity to explain alleged misconduct
  2. 2 Whether the Employment Tribunal substituted its own judgment for that of the employer
  3. 3 Whether the Tribunal applied the correct legal test for unfair dismissal

Ratio Decidendi

The Tribunal's finding that the employer failed to provide an opportunity for explanation rendered the dismissal unfair, and the statutory test under section 98(4) of the Employment Rights Act was properly applied.

Court Disposition

Appeal dismissed