O’Grady & Anor v. MTL Commercials Ltd & Anor [2003] UKEAT 0336_02_1009 (10 September 2003)

O’Grady & Anor v. MTL Commercials Ltd & Anor [2003] UKEAT 0336_02_1009 (10 September 2003)

The Employment Tribunal's decision was fundamentally flawed due to insufficient reasoning and unexplained findings regarding compensation, requiring a complete rehearing before a newly constituted Tribunal.

Citation
[2003] UKEAT 0336_02_1009
Parties
Appellant: Frank O'Grady; Appellant: Steven Walters; First Respondent: MTL Commercial Limited; Second Respondent: Second Respondent
Jurisdiction
United Kingdom
Judgment Date
10 September 2003
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Compensation Decision
Outcome
Appeal allowed
Legal Topics
Unfair Dismissal, Compensation, Remittal, Employment Tribunal Procedure
Employment Law Unfair Dismissal Compensation Remittal Employment Tribunal Procedure

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 7
Sign in to unlock

Parties

Frank O'Grady

Appellant

Steven Walters

Appellant

MTL Commercial Limited

First Respondent

Second Respondent

Second Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Compensation Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in calculating compensation for unfair dismissal
  2. 2 Whether sufficient reasons were given for findings on loss of earnings and likelihood of redeployment
  3. 3 Whether the Tribunal erred in not awarding compensation for loss of statutory rights and expenses

Ratio Decidendi

The Employment Tribunal's decision was fundamentally flawed due to insufficient reasoning and unexplained findings regarding compensation, requiring a complete rehearing before a newly constituted Tribunal.

Court Disposition

Appeal allowed

Orders

  • The issue of proper compensation for unfair dismissal is remitted to a newly constituted Employment Tribunal in Liverpool.