Khan v. McDonalds Restaurants Ltd [2000] UKEAT 401_00_1306 (13 June 2000)

Khan v. McDonalds Restaurants Ltd [2000] UKEAT 401_00_1306 (13 June 2000)

The Employment Tribunal appropriately examined whether the employer had an honest belief on reasonable grounds for dismissal and found no breach of contract, but the issue of accrued holiday pay may warrant further consideration.

Source-derived case information.

Citation
[2000] UKEAT 401_00_1306
Parties
Appellant: Mr Khan; Respondent: McDonalds
Jurisdiction
United Kingdom
Judgment Date
13 June 2000
Procedural Posture
Employment Appeal / Preliminary Hearing – Ex Parte
Outcome
Permission to appeal granted only on the issue of holiday pay; no permission on other grounds.
Legal Topics
Unfair Dismissal, Breach of Contract, Holiday Pay
Employment Law Unfair Dismissal Breach of Contract Holiday Pay

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Khan

Appellant

McDonalds

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing – Ex Parte

Legal Issues

  1. 1 Whether the dismissal of the appellant was unfair
  2. 2 Whether the dismissal was in breach of contract
  3. 3 Whether the appellant was entitled to accrued holiday pay

Ratio Decidendi

The Employment Tribunal appropriately examined whether the employer had an honest belief on reasonable grounds for dismissal and found no breach of contract, but the issue of accrued holiday pay may warrant further consideration.

Court Disposition

Permission to appeal granted only on the issue of holiday pay; no permission on other grounds.

Orders

  • Documentation for the full hearing must include the contract of employment to clarify provisions on accrued holiday pay.
  • Full hearing limited to the issue of holiday pay, estimated at half an hour.