Howe v Whitbread Plc [1993] UKEAT 753_92_0207 (2 July 1993)

No point of law arises where the tribunal's factual mistake does not affect the legal validity of its decision, and joint managerial responsibility can justify dismissal if the employer acts fairly.

Citation: [1993] UKEAT 753_92_0207
Parties: Appellant: Mr Howe
Jurisdiction: United Kingdom
Judgment Date: 02 July 1993
Procedural Posture: Employment Appeal / Preliminary Hearing
Outcome: Appeal dismissed
Legal Topics: Unfair Dismissal, Joint Managerial Responsibility, Error of Law

Employment Law Unfair Dismissal Joint Managerial Responsibility Error of Law

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Howe

Appellant

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

1 Whether joint managerial responsibility justifies dismissal without individual misconduct
2 Whether a factual mistake by the tribunal amounts to an error of law

Ratio Decidendi

No point of law arises where the tribunal's factual mistake does not affect the legal validity of its decision, and joint managerial responsibility can justify dismissal if the employer acts fairly.

Court Disposition

Appeal dismissed

Orders

Appeal cannot proceed and is dismissed