Drewetts Ltd v. Charlton [2000] UKEAT 145_00_2811 (28 November 2000)

Drewetts Ltd v. Charlton [2000] UKEAT 145_00_2811 (28 November 2000)

The tribunal erred in law by finding Mr Charlton was fit to return to work without direct medical evidence and failing to explain reliance on hearsay over medical certificates; the decision was unsupported by evidence and must be set aside.

Citation
[2000] UKEAT 145_00_2811
Parties
Appellant: Drewetts Ltd; Respondent: Mr D Charlton
Jurisdiction
United Kingdom
Judgment Date
28 November 2000
Procedural Posture
Employment Appeal / Full Hearing of Appeal
Outcome
decision set aside and remitted for rehearing
Legal Topics
Breach of Contract, Unlawful Deduction of Wages, Fitness for Work, Medical Evidence, Redundancy
Employment Law Contract Law Breach of Contract Unlawful Deduction of Wages Fitness for Work Medical Evidence Redundancy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Drewetts Ltd

Appellant

Mr D Charlton

Respondent

Procedural Posture

Employment Appeal / Full Hearing of Appeal

Legal Issues

  1. 1 Whether the employer breached contract by refusing to permit the employee to return to work after injury
  2. 2 Whether the tribunal erred in relying on hearsay evidence regarding fitness for work
  3. 3 Whether the employer was liable for unlawful deduction of wages

Ratio Decidendi

The tribunal erred in law by finding Mr Charlton was fit to return to work without direct medical evidence and failing to explain reliance on hearsay over medical certificates; the decision was unsupported by evidence and must be set aside.

Court Disposition

decision set aside and remitted for rehearing

Orders

  • Matter remitted to a full panel of three (one Chairman and two lay members) for rehearing before a Chairman other than Mr Threlfell.
  • No further directions; tribunal to start afresh with a clean slate.