Curle (t/a Curle & Co) v. Hegarty [2005] UKEAT 0092_04_2903 (29 March 2005)

Curle (t/a Curle & Co) v. Hegarty [2005] UKEAT 0092_04_2903 (29 March 2005)

Tribunal erred in law by failing to identify the date by which respondent should have reasonably responded to claimant's letter and by referencing irrelevant dates; case remitted for rehearing.

Citation
[2005] UKEAT 0092_04_2903
Parties
Respondent: Curle & Co; Claimant: Claimant (unnamed)
Jurisdiction
United Kingdom
Judgment Date
29 March 2005
Procedural Posture
Employment Tribunal Appeal / Remit for Rehearing
Outcome
Appeal allowed; case remitted to differently constituted Employment Tribunal for rehearing.
Legal Topics
Unfair Dismissal, Maternity Rights, Detriment, Time Limits
Employment Law Sex Discrimination Unfair Dismissal Maternity Rights Detriment Time Limits

Case Brief

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Parties

Curle & Co

Respondent

Claimant (unnamed)

Claimant

Procedural Posture

Employment Tribunal Appeal / Remit for Rehearing

Legal Issues

  1. 1 Whether claimant was unfairly dismissed
  2. 2 Whether claimant suffered detriment due to pregnancy
  3. 3 Whether claim for detriment was timeously presented

Ratio Decidendi

Tribunal erred in law by failing to identify the date by which respondent should have reasonably responded to claimant's letter and by referencing irrelevant dates; case remitted for rehearing.

Court Disposition

Appeal allowed; case remitted to differently constituted Employment Tribunal for rehearing.

Orders

  • Remit to differently constituted Employment Tribunal
  • Further hearing to determine compensation if parties cannot agree