Hadee Engineering Co Ltd v Hannan [1997] UKEAT 1194_96_1806 (18 June 1997)

Hadee Engineering Co Ltd v Hannan [1997] UKEAT 1194_96_1806 (18 June 1997)

The Industrial Tribunal was entitled to consider the actual disciplinary approach taken by the employer, including the absence of permission and disciplinary history, and found the dismissal unfair. The assessment of 25% contributory conduct was not so far wrong as to warrant interference.

Source-derived case information.

Citation
[1997] UKEAT 1194_96_1806
Parties
Appellant: Hadee Engineering Co Ltd; Respondent: Anthony Hannan
Jurisdiction
United Kingdom
Judgment Date
18 June 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Unfair Dismissal, Contributory Conduct, Disciplinary Procedure
Employment Law Unfair Dismissal Contributory Conduct Disciplinary Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hadee Engineering Co Ltd

Appellant

Anthony Hannan

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the dismissal of Mr Hannan was fair or unfair under the Employment Protection (Consolidation) Act 1978
  2. 2 Whether the Industrial Tribunal misapplied the Burchell test
  3. 3 Whether the assessment of 25% contributory conduct was correct

Ratio Decidendi

The Industrial Tribunal was entitled to consider the actual disciplinary approach taken by the employer, including the absence of permission and disciplinary history, and found the dismissal unfair. The assessment of 25% contributory conduct was not so far wrong as to warrant interference.

Court Disposition

appeal dismissed

Orders

  • The decision of the Industrial Tribunal stands.