Gilbert v Interlink Express [1998] UKEAT 818_98_2310 (23 October 1998)

Gilbert v Interlink Express [1998] UKEAT 818_98_2310 (23 October 1998)

The Tribunal preferred the respondent's evidence, finding the appellant resigned voluntarily and there was no breach of contract or constructive dismissal. No new evidence was presented on appeal; only the appellant's opinion about documents already before the Tribunal. The appeal had no merit and was dismissed at the preliminary stage.

Citation
[1998] UKEAT 818_98_2310
Parties
Appellant: Mr Gilbert; Respondent: Interlink Express
Jurisdiction
United Kingdom
Judgment Date
23 October 1998
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed at preliminary stage
Legal Topics
Unfair Dismissal, Constructive Dismissal, Health and Safety Dismissal, Fresh Evidence on Appeal
Employment Law Unfair Dismissal Constructive Dismissal Health and Safety Dismissal Fresh Evidence on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Gilbert

Appellant

Interlink Express

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the appellant was unfairly dismissed or resigned voluntarily
  2. 2 Whether there was a constructive dismissal
  3. 3 Whether fresh evidence justified reopening the case

Ratio Decidendi

The Tribunal preferred the respondent's evidence, finding the appellant resigned voluntarily and there was no breach of contract or constructive dismissal. No new evidence was presented on appeal; only the appellant's opinion about documents already before the Tribunal. The appeal had no merit and was dismissed at the preliminary stage.

Court Disposition

Appeal dismissed at preliminary stage

Orders

  • Appeal cannot proceed and is dismissed