Gamestec Leisure Ltd v Stone [2003] UKEAT 809_02_1104 (11 April 2003)

The Tribunal erred in assessing compensation by failing to make findings on the effect of the resignation letter and awarding four weeks' notice pay contrary to contractual terms; case remitted for reassessment of compensation only.

Citation: [2003] UKEAT 809_02_1104
Parties: Appellant Advocate: Mr Malcolm Davies; Appellant Advocate Firm: Messrs Andersons Solicitors; Respondent: Mr Anthony Stone; Employer Representative: Mr Vaux
Jurisdiction: United Kingdom
Judgment Date: 11 April 2003
Procedural Posture: Employment Appeal / Appeal From Employment Tribunal Decision
Outcome: case remitted to differently constituted Tribunal for compensation assessment only
Legal Topics: Unfair Dismissal, Compensation Assessment, Notice Period, Resignation Effect

Employment Law Unfair Dismissal Compensation Assessment Notice Period Resignation Effect

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Malcolm Davies

Appellant Advocate

Messrs Andersons Solicitors

Appellant Advocate Firm

Mr Anthony Stone

Respondent

Mr Vaux

Employer Representative

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

1 Whether Mr Stone resigned before dismissal and effect on compensation
2 Whether Tribunal erred in awarding four weeks' notice pay contrary to contract
3 Whether Tribunal considered effect of resignation letter in compensation award

Ratio Decidendi

Court Disposition

case remitted to differently constituted Tribunal for compensation assessment only

Orders

Company to call Mr Vaux as witness regarding dismissal and resignation circumstances
Production of Mr Vaux's diary for September and October 2001 for Tribunal hearing