Gould v. Haileybury & Imperial Service College & Anor [2001] UKEAT 635_00_0606 (6 June 2001)

Gould v. Haileybury & Imperial Service College & Anor [2001] UKEAT 635_00_0606 (6 June 2001)

Certain grounds of appeal disclose arguable errors of law and are permitted to proceed to a full hearing, specifically regarding without prejudice material, implied terms relating to informing the employee, mutual trust and confidence, and the date of cessation of employment.

Citation
[2001] UKEAT 635_00_0606
Parties
Appellant: D R Gould; First Respondent: The Governors of Haileybury & Imperial Service College; Second Respondent: The Governors of Lambrook Haileybury School
Jurisdiction
United Kingdom
Judgment Date
06 June 2001
Procedural Posture
Appeal / Preliminary Hearing
Outcome
Partial dismissal; partial permission to proceed to full hearing
Legal Topics
Implied Terms, Without Prejudice Offers, Mutual Trust and Confidence, Quantum, Unfair Dismissal
Employment Law Implied Terms Without Prejudice Offers Mutual Trust and Confidence Quantum Unfair Dismissal

Case Brief

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Parties

D R Gould

Appellant

The Governors of Haileybury & Imperial Service College

First Respondent

The Governors of Lambrook Haileybury School

Second Respondent

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether without prejudice material was improperly considered by the Employment Tribunal
  2. 2 Whether implied terms regarding informing the employee of charges and rights exist
  3. 3 Whether the Employment Tribunal dealt adequately with the implied term of mutual trust and confidence

Ratio Decidendi

Certain grounds of appeal disclose arguable errors of law and are permitted to proceed to a full hearing, specifically regarding without prejudice material, implied terms relating to informing the employee, mutual trust and confidence, and the date of cessation of employment.

Court Disposition

Partial dismissal; partial permission to proceed to full hearing

Orders

  • Grounds 6.1, limited aspects of 6.2, and 6.15.1 permitted to proceed to full hearing
  • Grounds 6.4, 6.15.2, 6.15.3, and 6.15.4 dismissed