Murray v British Broadcasting Corporation [1996] UKEAT 560_95_1203 (12 March 1996)

Murray v British Broadcasting Corporation [1996] UKEAT 560_95_1203 (12 March 1996)

The Tribunal's procedure was seriously flawed as it rejected the applicant's evidence on the main issue without providing specific reasons or allowing him to address contrary matters, constituting an error of law.

Citation
[1996] UKEAT 560_95_1203
Parties
Appellant: Mr Murray; Respondent: British Broadcasting Corporation
Jurisdiction
United Kingdom
Judgment Date
12 March 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
decision below set aside; case remitted to differently constituted Tribunal
Legal Topics
Constructive Dismissal, Tribunal Procedure, Error of Law
Employment Law Constructive Dismissal Tribunal Procedure Error of Law

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Murray

Appellant

British Broadcasting Corporation

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in procedure by rejecting the applicant's evidence without proper reasons
  2. 2 Whether the applicant resigned as a consequence of a fundamental breach by the employer

Ratio Decidendi

The Tribunal's procedure was seriously flawed as it rejected the applicant's evidence on the main issue without providing specific reasons or allowing him to address contrary matters, constituting an error of law.

Court Disposition

decision below set aside; case remitted to differently constituted Tribunal

Orders

  • Matter remitted to a differently constituted Tribunal for reconsideration.