Bates v. Powertech Desing Ltd [2000] EAT 1435_99_2711 (27 November 2000)

Bates v. Powertech Desing Ltd [2000] EAT 1435_99_2711 (27 November 2000)

The tribunal erred in law by failing to find, on uncontested evidence, that the appellant was dismissed by reason of redundancy and by inadequately addressing whether it was just and equitable to extend time for the late claim, given the appellant's actions and correspondence with the DTI and Citizens Advice Bureau.

Citation
[2000] EAT 1435_99_2711
Parties
Appellant: Mr Brian Bates; Respondent: Powertech Design Limited
Jurisdiction
United Kingdom
Judgment Date
27 November 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal allowed; case remitted for rehearing
Legal Topics
Redundancy Payment, Dismissal, Limitation Periods, Employment Rights Act 1996

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Brian Bates

Appellant

Powertech Design Limited

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

  1. 1 Whether the appellant was dismissed by reason of redundancy
  2. 2 Whether the claim for redundancy payment was made within the statutory time limits or if it was just and equitable to extend time

Ratio Decidendi

The tribunal erred in law by failing to find, on uncontested evidence, that the appellant was dismissed by reason of redundancy and by inadequately addressing whether it was just and equitable to extend time for the late claim, given the appellant's actions and correspondence with the DTI and Citizens Advice Bureau.

Court Disposition

appeal allowed; case remitted for rehearing

Orders

  • The appeal is allowed.
  • The case is remitted to the employment tribunal for rehearing.