Aikman v. Stubbs [2001] UKEAT 992_00_0309 (3 September 2001)
The Tribunal erred by failing to properly consider the merits of Mr Aikman's case, the discretionary factors for extension of time, and the interests of justice for review. The appeal is allowed and the matter remitted for reconsideration by a differently constituted Tribunal.
- Citation
- [2001] UKEAT 992_00_0309
- Parties
- Applicant: Mr D Stubbs; Respondent: Mr S Aikman
- Jurisdiction
- United Kingdom
- Judgment Date
- 03 September 2001
- Procedural Posture
- Employment Appeal / Appeal From Employment Tribunal Decision
- Outcome
- Appeal allowed
- Legal Topics
- Redundancy, Wrongful Dismissal, Unlawful Deduction of Wages, Review of Tribunal Decision, Extension of Time
Case Brief
Summary, issues, holding and outcome
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Parties
Mr D Stubbs
Applicant
Mr S Aikman
Respondent
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Legal Issues
- 1 Whether Mr Aikman was personally liable as employer or liability rested with the company
- 2 Whether the Tribunal erred in refusing review and extension of time for notice of appearance
- 3 Whether interests of justice require review of the original decision
Ratio Decidendi
The Tribunal erred by failing to properly consider the merits of Mr Aikman's case, the discretionary factors for extension of time, and the interests of justice for review. The appeal is allowed and the matter remitted for reconsideration by a differently constituted Tribunal.
Court Disposition
Appeal allowed
Orders
- Matter remitted to a differently constituted Employment Tribunal for review and determination of procedural issues
Full Case Text
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