Kelco Ltd v Casey [1992] UKEAT 525_90_0810 (8 October 1992)

Kelco Ltd v Casey [1992] UKEAT 525_90_0810 (8 October 1992)

The Tribunal found material errors in the Industrial Tribunal's reasoning, including misapplication of legal standards regarding the investigation and the role of the dismissing officer, and a failure to apply the correct test for fairness of dismissal. The decision was set aside and the case remitted for...

Source-derived case information.

Citation
[1992] UKEAT 525_90_0810
Parties
Appellant: Kelco Ltd; Respondent/cross Appellant: Mr Casey
Jurisdiction
United Kingdom
Judgment Date
08 October 1992
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; decision of Industrial Tribunal set aside; case remitted for reconsideration by a differently constituted Tribunal.
Legal Topics
Unfair Dismissal, Procedural Fairness, Contributory Fault
Employment Law Unfair Dismissal Procedural Fairness Contributory Fault

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kelco Ltd

Appellant

Mr Casey

Respondent/cross Appellant

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the dismissal of Mr Casey was unfair
  2. 2 Whether the Industrial Tribunal erred in law in its reasoning
  3. 3 Whether the reduction for contributory fault was appropriate

Ratio Decidendi

The Tribunal found material errors in the Industrial Tribunal's reasoning, including misapplication of legal standards regarding the investigation and the role of the dismissing officer, and a failure to apply the correct test for fairness of dismissal. The decision was set aside and the case remitted for reconsideration by a differently constituted Tribunal.

Court Disposition

Appeal allowed; decision of Industrial Tribunal set aside; case remitted for reconsideration by a differently constituted Tribunal.

Orders

  • Case remitted for reconsideration by a differently constituted Tribunal.