Parkins v. Sodexho Ltd [2001] UKEAT 1239_00_1701 (17 January 2001)

Parkins v. Sodexho Ltd [2001] UKEAT 1239_00_1701 (17 January 2001)

The Tribunal found that the application for interim relief did not meet the statutory requirements, but the Appeal Tribunal held that it is arguable whether breach of contract can amount to a breach of legal obligation under Section 43B(1)(b), and whether the costs order was properly made under the relevant rules.

Citation
[2001] UKEAT 1239_00_1701
Parties
Appellant: Mr Parkins; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
17 January 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Leave to appeal granted on grounds 1-6; leave refused on ground 7.
Legal Topics
Interim Relief, Protected Disclosure, Health and Safety, Costs Orders, Unfair Dismissal, Breach of Contract
Employment Law Interim Relief Protected Disclosure Health and Safety Costs Orders Unfair Dismissal Breach of Contract

Case Brief

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Parties

Mr Parkins

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Tribunal erred in law in refusing interim relief under Section 129 of the Employment Rights Act 1996
  2. 2 Whether a breach of contract can constitute a 'failure to comply with any legal obligation' under Section 43B(1)(b) of the Employment Rights Act 1996
  3. 3 Whether the costs order was justified under the applicable rules

Ratio Decidendi

The Tribunal found that the application for interim relief did not meet the statutory requirements, but the Appeal Tribunal held that it is arguable whether breach of contract can amount to a breach of legal obligation under Section 43B(1)(b), and whether the costs order was properly made under the relevant rules.

Court Disposition

Leave to appeal granted on grounds 1-6; leave refused on ground 7.

Orders

  • Leave to appeal granted on grounds 1-6
  • Chairman's Notes of evidence to be provided