Doyle v Argyll and Bute Council [2007] UKEAT 0052_06_0808 (8 August 2007)

The Tribunal deprived the claimant of his procedural rights by refusing to hear evidence or allow witnesses, violating Rule 27(2) and Article 6 ECHR; the disposal of the case cannot stand.

Citation: [2007] UKEAT 0052_06_0808
Parties: Appellant: George Doyle; Respondent: Argyll & Bute Council
Jurisdiction: United Kingdom
Judgment Date: 08 August 2007
Procedural Posture: Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome: appeal allowed
Legal Topics: Unfair Constructive Dismissal, Right to Fair Hearing, Tribunal Procedure

Employment Law Procedural Law Human Rights Unfair Constructive Dismissal Right to Fair Hearing 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 3 Authorities cited 3 Party arguments 2

Parties

George Doyle

Appellant

Argyll & Bute Council

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

1 Whether the Employment Tribunal deprived the claimant of his right to a fair hearing by not allowing evidence or witnesses
2 Whether the Tribunal erred in procedure by refusing the claim without a full evidential hearing

Ratio Decidendi

The Tribunal deprived the claimant of his procedural rights by refusing to hear evidence or allow witnesses, violating Rule 27(2) and Article 6 ECHR; the disposal of the case cannot stand.

Court Disposition

appeal allowed

Orders

Appeal upheld
Case remitted for rehearing before a fresh Tribunal