Zaki v Marston’s Plc (Practice and Procedure : Appellate jurisdiction/Reasons/Burns-Barke) [2014] UKEAT 0513_13_2306 (23 June 2014)

Zaki v Marston’s Plc (Practice and Procedure : Appellate jurisdiction/Reasons/Burns-Barke) [2014] UKEAT 0513_13_2306 (23 June 2014)

The Tribunal erred by failing to make specific factual findings regarding the Claimant's conduct for contributory fault and wrongful dismissal, and by not providing reasons for the 75% contribution deduction; these issues require remittal for reconsideration.

Citation
[2014] UKEAT 0513_13_2306
Parties
Claimant: Mr Zaki; Respondent: Marston’s plc
Jurisdiction
United Kingdom
Judgment Date
23 June 2014
Procedural Posture
Employment Appeal / Full Hearing
Outcome
Appeal allowed; case remitted to same Tribunal for reconsideration of contribution and wrongful dismissal issues.
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Contributory Fault, Remittal Procedure
Employment Law Unfair Dismissal Wrongful Dismissal Contributory Fault Remittal Procedure

Case Brief

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Parties

Mr Zaki

Claimant

Marston’s plc

Respondent

Procedural Posture

Employment Appeal / Full Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred by failing to make specific findings of fact regarding contributory fault and wrongful dismissal
  2. 2 Whether the Tribunal provided adequate reasons for its deduction of 75% contribution
  3. 3 Whether the Tribunal properly directed itself on the law of wrongful dismissal

Ratio Decidendi

The Tribunal erred by failing to make specific factual findings regarding the Claimant's conduct for contributory fault and wrongful dismissal, and by not providing reasons for the 75% contribution deduction; these issues require remittal for reconsideration.

Court Disposition

Appeal allowed; case remitted to same Tribunal for reconsideration of contribution and wrongful dismissal issues.

Orders

  • Remit issues of contribution and wrongful dismissal to same Tribunal chaired by Employment Judge Hyde.
  • No further evidence to be adduced; submissions only.