Group 4 Nightspeed Ltd v Gilbert [1996] UKEAT 521_96_2609 (26 September 1996)

Group 4 Nightspeed Ltd v Gilbert [1996] UKEAT 521_96_2609 (26 September 1996)

Tribunal was entitled to investigate whether discretion was genuinely exercised by reference to relevant considerations; findings justified conclusion that discretion was not properly exercised.

Citation
[1996] UKEAT 521_96_2609
Parties
Applicant: Mr Gilbert; Respondent: Appellants
Jurisdiction
United Kingdom
Judgment Date
26 September 1996
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed on substantive issue; allowed to proceed on jurisdiction point.
Legal Topics
Discretion in Commission Payments, Jurisdiction for Extension of Time
Employment Law Discretion in Commission Payments Jurisdiction for Extension of Time

Case Brief

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Parties

Mr Gilbert

Applicant

Appellants

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether employer exercised contractual discretion in commission payments
  2. 2 Whether Tribunal erred in law regarding discretion
  3. 3 Jurisdiction for extension of time for lodging application

Ratio Decidendi

Tribunal was entitled to investigate whether discretion was genuinely exercised by reference to relevant considerations; findings justified conclusion that discretion was not properly exercised.

Court Disposition

Appeal dismissed on substantive issue; allowed to proceed on jurisdiction point.

Orders

  • Appeal confined to jurisdiction point concerning extension of time for lodging application
  • Second limb of appeal dismissed