Control Techniques Plc & Emerson Electric Co v Wheatley [1998] UKEAT 1378_97_1303 (13 March 1998)

Control Techniques Plc & Emerson Electric Co v Wheatley [1998] UKEAT 1378_97_1303 (13 March 1998)

The Tribunal did not err in law or act perversely in deciding to proceed with the jurisdictional issues before considering a stay of the substantive proceedings. The Tribunal properly exercised its discretion and took into account all relevant factors.

Citation
[1998] UKEAT 1378_97_1303
Parties
Appellant: Control Techniques Plc; Appellant: Emerson Electric Company; Respondent: Mr Wheatley
Jurisdiction
United Kingdom
Judgment Date
13 March 1998
Procedural Posture
Employment Appeal / Appeal Against Refusal to Stay Industrial Tribunal Proceedings Pending High Court Action
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Jurisdiction, Stay of Proceedings, Industrial Tribunal Procedure

Case Brief

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Parties

Control Techniques Plc

Appellant

Emerson Electric Company

Appellant

Mr Wheatley

Respondent

Procedural Posture

Employment Appeal / Appeal Against Refusal to Stay Industrial Tribunal Proceedings Pending High Court Action

  1. 1 Whether the Industrial Tribunal erred in refusing to stay proceedings pending High Court action
  2. 2 Whether the Tribunal properly exercised its discretion regarding the order of hearing jurisdictional and substantive issues

Ratio Decidendi

The Tribunal did not err in law or act perversely in deciding to proceed with the jurisdictional issues before considering a stay of the substantive proceedings. The Tribunal properly exercised its discretion and took into account all relevant factors.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs