O'Connor & Anor v Creative Upholstery Ltd [1996] UKEAT 1248_95_2910 (29 October 1996)

O'Connor & Anor v Creative Upholstery Ltd [1996] UKEAT 1248_95_2910 (29 October 1996)

The Industrial Tribunal erred in law by applying the wrong test for procedural fairness, focusing on whether procedural failings would have made a difference to the outcome rather than whether such failings rendered the dismissals unfair in the overall context. The appeals are allowed and the matter is remitted for...

Source-derived case information.

Citation
[1996] UKEAT 1248_95_2910
Parties
Appellant: Mr Ingram; Appellant: Mr O'Connor; Respondent: Creative Upholstery Ltd
Jurisdiction
United Kingdom
Judgment Date
29 October 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; Industrial Tribunal decision set aside; matter remitted for rehearing.
Legal Topics
Unfair Dismissal, Procedural Fairness, Natural Justice, Disciplinary Procedure
Employment Law Unfair Dismissal Procedural Fairness Natural Justice Disciplinary Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Ingram

Appellant

Mr O'Connor

Appellant

Creative Upholstery Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the dismissals of the appellants were unfair due to procedural failings
  2. 2 Whether the Industrial Tribunal misdirected itself in law regarding procedural fairness

Ratio Decidendi

The Industrial Tribunal erred in law by applying the wrong test for procedural fairness, focusing on whether procedural failings would have made a difference to the outcome rather than whether such failings rendered the dismissals unfair in the overall context. The appeals are allowed and the matter is remitted for a full rehearing.

Court Disposition

Appeal allowed; Industrial Tribunal decision set aside; matter remitted for rehearing.

Orders

  • Applications remitted to a fresh Industrial Tribunal for a full rehearing.