Parkins v. Sodexho Ltd [2001] UKEAT 1239_00_2206 (22 June 2001)

Parkins v. Sodexho Ltd [2001] UKEAT 1239_00_2206 (22 June 2001)

The Employment Tribunal erred in law by excluding breach of contract as a possible 'legal obligation' under Section 43B of the Public Interest Disclosure Act 1998 and by determining the substantive reason for dismissal at the interim relief stage rather than assessing the likelihood of a qualifying reason being found at the final hearing. The costs order was also erroneous as it was based on an incorrect legal foundation.

Citation
[2001] UKEAT 1239_00_2206
Parties
Appellant: Mr Parkins; Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
22 June 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision on Interim Relief
Outcome
Appeal allowed; Employment Tribunal decision set aside and remitted for rehearing.
Legal Topics
Interim Relief, Protected Disclosure, Unfair Dismissal, Costs, Health and Safety, Breach of Contract
Employment Law Interim Relief Protected Disclosure Unfair Dismissal Costs Health and Safety Breach of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Parkins

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision on Interim Relief

Legal Issues

  1. 1 Whether a breach of contract can constitute a 'legal obligation' under Section 43B of the Public Interest Disclosure Act 1998 for the purposes of protected disclosure and interim relief.
  2. 2 Whether the Employment Tribunal applied the correct legal test in determining the application for interim relief.
  3. 3 Whether the award of costs against the Appellant was justified.

Ratio Decidendi

The Employment Tribunal erred in law by excluding breach of contract as a possible 'legal obligation' under Section 43B of the Public Interest Disclosure Act 1998 and by determining the substantive reason for dismissal at the interim relief stage rather than assessing the likelihood of a qualifying reason being found at the final hearing. The costs order was also erroneous as it was based on an incorrect legal foundation.

Court Disposition

Appeal allowed; Employment Tribunal decision set aside and remitted for rehearing.

Orders

  • Set aside the Employment Tribunal's decision refusing interim relief.
  • Set aside the order for costs against the Appellant.