Weare v HBOS Plc (Practice and Procedure : Review) [2011] UKEAT 0612_10_0505 (05 May 2011)

Weare v HBOS Plc (Practice and Procedure : Review) [2011] UKEAT 0612_10_0505 (05 May 2011)

The review application was properly refused as it was out of time and lacked merit; the new evidence would not have affected the outcome. The second claim was correctly struck out as an abuse of process and was also out of time. There was no basis to admit further documents at this stage.

Citation
[2011] UKEAT 0612_10_0505
Parties
Claimant/appellant: Mr Weare; Respondent: HBOS Plc
Jurisdiction
United Kingdom
Judgment Date
05 May 2011
Procedural Posture
Employment Appeal Tribunal (eat) Appeals / Appeal Against Review Refusal, Strike Out Order, and Registrar's Decision
Outcome
All appeals dismissed
Legal Topics
Constructive Unfair Dismissal, Whistleblowing (protected Disclosures), Detriment, Unauthorised Deductions From Wages, Review Applications, Striking Out, New Evidence on Appeal, Limitation
Employment Law Practice and Procedure Constructive Unfair Dismissal Whistleblowing (protected Disclosures) Detriment Unauthorised Deductions From Wages Review Applications Striking Out +2 more

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 2 Party arguments 2
Sign in to unlock

Parties

Mr Weare

Claimant/appellant

HBOS Plc

Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeals / Appeal Against Review Refusal, Strike Out Order, and Registrar's Decision

Legal Issues

  1. 1 Whether the review application was in time and had merit
  2. 2 Whether the second claim was an abuse of process (re-litigation)
  3. 3 Whether new evidence (unredacted documents) should be admitted on appeal

Ratio Decidendi

The review application was properly refused as it was out of time and lacked merit; the new evidence would not have affected the outcome. The second claim was correctly struck out as an abuse of process and was also out of time. There was no basis to admit further documents at this stage.

Court Disposition

All appeals dismissed

Orders

  • Review appeal dismissed
  • Registrar's appeal dismissed