Butler v Buckinghamshire County Council & Anor [1998] UKEAT 112_97_1901 (19 January 1998)

Butler v Buckinghamshire County Council & Anor [1998] UKEAT 112_97_1901 (19 January 1998)

The tribunal was entitled to dismiss the equal pay claim at the close of the applicant's case as the applicant failed to discharge the burden of proof on the balance of probabilities; the absence of written reasons did not nullify the decision, and the tribunal's characterisation of the evidence as 'anecdotal' was a...

Source-derived case information.

Citation
[1998] UKEAT 112_97_1901
Parties
Appellant: Mr Anthony Butler; First Respondent: Buckinghamshire County Council; Second Respondent: Wycombe District Council
Jurisdiction
United Kingdom
Judgment Date
19 January 1998
Procedural Posture
Employment Appeal / Appeal Against Dismissal of Equal Pay Claim by Industrial Tribunal
Outcome
Appeal dismissed
Legal Topics
Equal Pay, Unfair Dismissal, Industrial Tribunal Procedure
Employment Law Equal Pay Unfair Dismissal Industrial Tribunal Procedure

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Parties

Mr Anthony Butler

Appellant

Buckinghamshire County Council

First Respondent

Wycombe District Council

Second Respondent

Procedural Posture

Employment Appeal / Appeal Against Dismissal of Equal Pay Claim by Industrial Tribunal

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in law by dismissing the equal pay claim without hearing evidence or submissions from the respondents
  2. 2 Whether the failure to provide written reasons for the equal pay claim within a reasonable time rendered the decision a nullity
  3. 3 Whether the tribunal's characterisation of the applicant's evidence as 'anecdotal' was a sufficient basis for dismissal

Ratio Decidendi

The tribunal was entitled to dismiss the equal pay claim at the close of the applicant's case as the applicant failed to discharge the burden of proof on the balance of probabilities; the absence of written reasons did not nullify the decision, and the tribunal's characterisation of the evidence as 'anecdotal' was a sufficient basis for finding no case to answer.

Court Disposition

Appeal dismissed

Orders

  • The appeal against the dismissal of the equal pay claim is dismissed.