Smith v Opalrange Ltd [1993] UKEAT 261_92_1502 (15 February 1993)

Smith v Opalrange Ltd [1993] UKEAT 261_92_1502 (15 February 1993)

The Industrial Tribunal correctly declined jurisdiction as damages in lieu of notice are not within the Wages Act, and any further claims should be pursued in the County Court or High Court.

Citation
[1993] UKEAT 261_92_1502
Parties
Appellant: Mr D J Smith; Respondent: Opalrange Ltd; Respondent: Latham & Gray Ltd
Jurisdiction
United Kingdom
Judgment Date
15 February 1993
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Jurisdiction, Severance Payment, Dismissal, Damages in Lieu of Notice
Employment Law Jurisdiction Severance Payment Dismissal Damages in Lieu of Notice

Case Brief

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Parties

Mr D J Smith

Appellant

Opalrange Ltd

Respondent

Latham & Gray Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Industrial Tribunal had jurisdiction to entertain the applicant's claim for severance payment due to dismissal
  2. 2 Who was the employer at the relevant date
  3. 3 Whether damages in lieu of notice fall within the Wages Act

Ratio Decidendi

The Industrial Tribunal correctly declined jurisdiction as damages in lieu of notice are not within the Wages Act, and any further claims should be pursued in the County Court or High Court.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no error of law found in the Tribunal's approach.