Drewetts Ltd v. Charlton [2000] UKEAT 145_00_1004 (10 April 2000)

The Chairman erred by accepting the applicant's assertion of fitness to work, which was inconsistent with the medical certificate declaring him unfit for work throughout July and August; this inconsistency renders the factual finding unsustainable.

Source-derived case information.

Citation: [2000] UKEAT 145_00_1004
Parties: Appellant: Drewetts Ltd; Respondent: Mr D Charlton
Jurisdiction: United Kingdom
Judgment Date: 10 April 2000
Procedural Posture: Employment Appeal / Preliminary Hearing
Outcome: Appeal allowed to proceed to full inter partes hearing
Legal Topics: Breach of Contract, Unlawful Deduction From Wages, Statutory Sick Pay, Redundancy Dismissal

Employment Law Contract Law Breach of Contract Unlawful Deduction From Wages Statutory Sick Pay Redundancy Dismissal

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Parties

Drewetts Ltd

Appellant

Mr D Charlton

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

1 Whether failure to pay full wages for July and August 1999 constituted breach of contract and/or unlawful deduction from wages
2 Whether the respondent was justified in refusing to allow the applicant to return to work based on medical evidence

Ratio Decidendi

Court Disposition

Appeal allowed to proceed to full inter partes hearing

Orders

Case to be listed for ½ day category C hearing
Exchange of skeleton arguments not less than 14 days before hearing

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