Kear v. Neural Technologies Ltd [2001] UKEAT 0531_00_0910 (9 October 2001)

Kear v. Neural Technologies Ltd [2001] UKEAT 0531_00_0910 (9 October 2001)

The Employment Tribunal's decision could not stand due to insufficient findings of fact regarding the duty of confidentiality, the nature of the document, and its dissemination; the case must be remitted for a rehearing before a differently constituted Tribunal.

Citation
[2001] UKEAT 0531_00_0910
Parties
Appellant: Mr Kear; Respondent: Neural Technologies Ltd
Jurisdiction
United Kingdom
Judgment Date
09 October 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; matter remitted for rehearing
Legal Topics
Breach of Contract, Confidentiality, Summary Dismissal, Employment Tribunal Procedure
Employment Law Breach of Contract Confidentiality Summary Dismissal Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Kear

Appellant

Neural Technologies Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether Mr Kear was in breach of duty of confidentiality
  2. 2 Whether the alleged breach justified summary dismissal
  3. 3 Whether the document was confidential and its dissemination status

Ratio Decidendi

The Employment Tribunal's decision could not stand due to insufficient findings of fact regarding the duty of confidentiality, the nature of the document, and its dissemination; the case must be remitted for a rehearing before a differently constituted Tribunal.

Court Disposition

Appeal allowed; matter remitted for rehearing

Orders

  • Entirety of the matter remitted for rehearing before a differently constituted Employment Tribunal