Roberts v Murray Lawrence & Partners [1998] UKEAT 887_97_2204 (22 April 1998)

Roberts v Murray Lawrence & Partners [1998] UKEAT 887_97_2204 (22 April 1998)

The Tribunal failed to give sufficient consideration to whether trust and confidence had broken down, failed to weigh unchallenged evidence, and promulgated reasons that were not comprehensible to the appellant. The hearing was unfair due to procedural irregularities and lack of opportunity for the appellant to challenge respondent evidence.

Citation
[1998] UKEAT 887_97_2204
Parties
Appellant: Michael Roberts; Respondent: Murray Lawrence & Partners
Jurisdiction
United Kingdom
Judgment Date
22 April 1998
Procedural Posture
Employment Appeal / Appeal
Outcome
appeal allowed
Legal Topics
Constructive Dismissal, Unfair Hearing, Burden of Proof
Employment Law Constructive Dismissal Unfair Hearing Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Roberts

Appellant

Murray Lawrence & Partners

Respondent

Procedural Posture

Employment Appeal / Appeal

Legal Issues

  1. 1 Whether the appellant was constructively dismissed under section 95(1)(c) of the Employment Rights Act 1996
  2. 2 Whether the Industrial Tribunal hearing was fair
  3. 3 Whether the appellant exceeded his authority and whether this justified the respondent's actions

Ratio Decidendi

The Tribunal failed to give sufficient consideration to whether trust and confidence had broken down, failed to weigh unchallenged evidence, and promulgated reasons that were not comprehensible to the appellant. The hearing was unfair due to procedural irregularities and lack of opportunity for the appellant to challenge respondent evidence.

Court Disposition

appeal allowed

Orders

  • new hearing before a differently constituted tribunal