Flexsys Ltd v Nolan [1997] UKEAT 879_96_2801 (28 January 1997)

Flexsys Ltd v Nolan [1997] UKEAT 879_96_2801 (28 January 1997)

The Industrial Tribunal's failure to properly analyse the employer's case, make necessary findings on the sufficiency of the investigation, and address procedural shortcomings rendered its decision fatally flawed. The appeal is allowed and the matter remitted for a complete rehearing.

Citation
[1997] UKEAT 879_96_2801
Parties
Appellant: Flexsys Ltd; Respondent: Mr M. Nolan
Jurisdiction
United Kingdom
Judgment Date
28 January 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal allowed
Legal Topics
Unfair Dismissal, Procedural Fairness, Contributory Fault
Employment Law Unfair Dismissal Procedural Fairness Contributory Fault

Case Brief

Summary, issues, holding and outcome

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Parties

Flexsys Ltd

Appellant

Mr M. Nolan

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the dismissal of the respondent was unfair
  2. 2 Whether the employer's investigation was sufficiently thorough
  3. 3 Whether procedural defects rendered the dismissal unfair

Ratio Decidendi

The Industrial Tribunal's failure to properly analyse the employer's case, make necessary findings on the sufficiency of the investigation, and address procedural shortcomings rendered its decision fatally flawed. The appeal is allowed and the matter remitted for a complete rehearing.

Court Disposition

appeal allowed

Orders

  • All issues remitted to a differently constituted Industrial Tribunal for complete rehearing
  • No findings made on cross-appeal relating to contribution