Kear v. Neutral Technologies Ltd [2000] UKEAT 531_00_1406 (14 June 2000)
The Employment Tribunal failed to provide adequate reasons for finding the material confidential and did not direct itself according to applicable authorities; thus, the appeal should proceed for full consideration.
- Citation
- [2000] UKEAT 531_00_1406
- Parties
- Appellant: Mr J Kear; Respondent: Neutral Technologies Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 14 June 2000
- Procedural Posture
- Employment Appeal / Preliminary Hearing
- Outcome
- Leave to appeal granted; leave to amend Notice of Appeal granted.
- Legal Topics
- Breach of Contract, Confidentiality, Summary Dismissal, Jurisdiction of Employment Tribunal
Case Brief
Summary, issues, holding and outcome
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Parties
Mr J Kear
Appellant
Neutral Technologies Ltd
Respondent
Procedural Posture
Employment Appeal / Preliminary Hearing
Legal Issues
- 1 Whether Mr Kear was in repudiatory breach of contract justifying summary dismissal
- 2 Whether the material disclosed was confidential
- 3 Whether the employer's counterclaim for expenses was within the tribunal's jurisdiction
Ratio Decidendi
The Employment Tribunal failed to provide adequate reasons for finding the material confidential and did not direct itself according to applicable authorities; thus, the appeal should proceed for full consideration.
Court Disposition
Leave to appeal granted; leave to amend Notice of Appeal granted.
Orders
- Appellant to submit amended Notice of Appeal within 7 days as precondition for cross-appeal.
- Half-day hearing to be scheduled; parties to provide authorities and skeleton arguments one week before hearing.
Full Case Text
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