Lock v. Sefton Support Services Ltd [2001] UKEAT 1401_00_1403 (14 March 2001)

Lock v. Sefton Support Services Ltd [2001] UKEAT 1401_00_1403 (14 March 2001)

The Employment Tribunal's finding that procedural defects at dismissal were cured by an appeal that was only a review, not a re-hearing, raises an arguable point of law as to whether the dismissal was unfair.

Source-derived case information.

Citation
[2001] UKEAT 1401_00_1403
Parties
Appellant: Mr Lock; Respondent: Sefton Support Services Ltd
Jurisdiction
United Kingdom
Judgment Date
14 March 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal proceeds to full hearing on a single point of law
Legal Topics
Unfair Dismissal, Procedural Fairness, Protected Disclosure
Employment Law Unfair Dismissal Procedural Fairness Protected Disclosure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Lock

Appellant

Sefton Support Services Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether procedural defects at the dismissal stage can be cured by an appeal that is a review rather than a re-hearing
  2. 2 Whether the dismissal was unfair under Section 98(4) of the Employment Rights Act 1998

Ratio Decidendi

The Employment Tribunal's finding that procedural defects at dismissal were cured by an appeal that was only a review, not a re-hearing, raises an arguable point of law as to whether the dismissal was unfair.

Court Disposition

Appeal proceeds to full hearing on a single point of law

Orders

  • Case listed Category B - 3 hours
  • Exchange of skeleton arguments not less than 14 days before hearing