Gameplay (GB) Ltd v. McLaughlin [2003] UKEAT 323_03_0606 (6 June 2003)

Gameplay (GB) Ltd v. McLaughlin [2003] UKEAT 323_03_0606 (6 June 2003)

The Tribunal was entitled to find the dismissal unfair based on the conduct of Gameplay (GB) Ltd, and properly exercised discretion in refusing a review due to insufficient material and lack of credible handwriting evidence.

Source-derived case information.

Citation
[2003] UKEAT 323_03_0606
Parties
Appellant: Gameplay (GB) Ltd; Respondent: Ms Eileen McLaughlin
Jurisdiction
United Kingdom
Judgment Date
06 June 2003
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed to full hearing only on quantum; other grounds dismissed.
Legal Topics
Unfair Dismissal, Compensation, Review of Tribunal Decision
Employment Law Unfair Dismissal Compensation Review of Tribunal Decision

Source-derived case record

Summary, issues, holding and outcome

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Parties

Gameplay (GB) Ltd

Appellant

Ms Eileen McLaughlin

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the dismissal of Ms McLaughlin was unfair
  2. 2 Whether the Employment Tribunal erred in refusing a review
  3. 3 Whether the Tribunal properly considered the nature of dismissal (constructive vs actual)

Ratio Decidendi

The Tribunal was entitled to find the dismissal unfair based on the conduct of Gameplay (GB) Ltd, and properly exercised discretion in refusing a review due to insufficient material and lack of credible handwriting evidence.

Court Disposition

Appeal allowed to proceed to full hearing only on quantum; other grounds dismissed.

Orders

  • Appeal on quantum to proceed to full hearing
  • Appeal on review and substantive liability dismissed