Lloyd v Shepherd Construction [1995] UKEAT 132_95_1805 (18 May 1995)

Lloyd v Shepherd Construction [1995] UKEAT 132_95_1805 (18 May 1995)

The Tribunal's decision was based on the finding that Mr Lloyd was dismissed for a fair reason (medical incapacity), that no suitable alternative work was available, and that the failure to hear Mr James did not amount to an error of law. The Tribunal was entitled to accept the employer's evidence and proceed in the absence of the witness.

Citation
[1995] UKEAT 132_95_1805
Parties
Appellant: Mr Lloyd; Respondent: Shepherd Construction
Jurisdiction
United Kingdom
Judgment Date
18 May 1995
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Capability Dismissal, Procedural Fairness, Witness Attendance
Employment Law Unfair Dismissal Capability Dismissal Procedural Fairness Witness Attendance

Case Brief

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Parties

Mr Lloyd

Appellant

Shepherd Construction

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the dismissal of Mr Lloyd was unfair under employment law
  2. 2 Whether failure to hear a witness (Mr James) constituted an error of law
  3. 3 Whether the Tribunal's reliance on medical evidence and employer's testimony was legally sound

Ratio Decidendi

The Tribunal's decision was based on the finding that Mr Lloyd was dismissed for a fair reason (medical incapacity), that no suitable alternative work was available, and that the failure to hear Mr James did not amount to an error of law. The Tribunal was entitled to accept the employer's evidence and proceed in the absence of the witness.

Court Disposition

Appeal dismissed