Mercieca v Tanner & Anor [1997] UKEAT 217_97_1812 (18 December 1997)

Mercieca v Tanner & Anor [1997] UKEAT 217_97_1812 (18 December 1997)

The appeal is adjourned sine die due to the Employment Appeal Tribunal's current lack of jurisdiction over breach of contract claims and the potential for a review application by Mr Merceica based on his absence at the original hearing for medical reasons.

Citation
[1997] UKEAT 217_97_1812
Parties
Appellant: Mr Merceica; Applicant / First Respondent: Mrs Tanner (formerly Butson); Second Respondent: Mr Leone
Jurisdiction
United Kingdom
Judgment Date
18 December 1997
Procedural Posture
Employment Appeal / Application for Adjournment of Appeal
Outcome
Appeal adjourned sine die on application of appellant's counsel.
Legal Topics
Redundancy Payment, Pay in Lieu of Notice, Transfer of Undertakings, Jurisdiction of Employment Appeal Tribunal, Review of Tribunal Decision, Extension of Time
Employment Law Redundancy Payment Pay in Lieu of Notice Transfer of Undertakings Jurisdiction of Employment Appeal Tribunal Review of Tribunal Decision Extension of Time

Case Brief

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Parties

Mr Merceica

Appellant

Mrs Tanner (formerly Butson)

Applicant / First Respondent

Mr Leone

Second Respondent

Procedural Posture

Employment Appeal / Application for Adjournment of Appeal

Legal Issues

  1. 1 Whether Mr Merceica was the transferee of the business and liable for redundancy and notice payments
  2. 2 Whether the Employment Appeal Tribunal has jurisdiction to hear breach of contract appeals
  3. 3 Whether the absence of Mr Merceica at the original hearing justifies a review and extension of time

Ratio Decidendi

The appeal is adjourned sine die due to the Employment Appeal Tribunal's current lack of jurisdiction over breach of contract claims and the potential for a review application by Mr Merceica based on his absence at the original hearing for medical reasons.

Court Disposition

Appeal adjourned sine die on application of appellant's counsel.

Orders

  • Appeal adjourned sine die pending restoration of tribunal jurisdiction and/or outcome of review application.