Pashby v. ABI (UK) Ltd [2000] UKEAT 527_00_2306 (23 June 2000)

Pashby v. ABI (UK) Ltd [2000] UKEAT 527_00_2306 (23 June 2000)

The grounds of appeal, except for the statutory offset, raise arguable points of law regarding the Tribunal's reasoning on loss of statutory rights, percentage reduction for chance of retention, and salary basis for alternative employment. The appeal is permitted to proceed with amended grounds required.

Source-derived case information.

Citation
[2000] UKEAT 527_00_2306
Parties
Appellant: Mr Pashby; Respondent: Unknown Respondent
Jurisdiction
United Kingdom
Judgment Date
23 June 2000
Procedural Posture
Employment Appeal / Preliminary Hearing – Ex Parte
Outcome
Appeal permitted to proceed
Legal Topics
Unfair Dismissal, Computation of Award, Redundancy Payment, Quantum of Damages
Employment Law Unfair Dismissal Computation of Award Redundancy Payment Quantum of Damages

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Parties

Mr Pashby

Appellant

Unknown Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing – Ex Parte

Legal Issues

  1. 1 Whether the Employment Tribunal erred in offsetting redundancy payment against loss of statutory rights for unfair dismissal
  2. 2 Whether the percentage reduction for chance of retention was perverse
  3. 3 Whether the salary basis for alternative employment was set perversely low

Ratio Decidendi

The grounds of appeal, except for the statutory offset, raise arguable points of law regarding the Tribunal's reasoning on loss of statutory rights, percentage reduction for chance of retention, and salary basis for alternative employment. The appeal is permitted to proceed with amended grounds required.

Court Disposition

Appeal permitted to proceed

Orders

  • Amended grounds of appeal to be served within 21 days
  • Time estimate for appeal is half a day