Scott & Ors v. Yorkshire Miners Welfare Convalescent Homes [2000] UKEAT 673_00_2410 (24 October 2000)

Scott & Ors v. Yorkshire Miners Welfare Convalescent Homes [2000] UKEAT 673_00_2410 (24 October 2000)

There is an arguable case that the tribunal erred in law or reached a perverse decision by apparently ignoring evidence and failing to make findings about it; therefore, the matter should proceed to a full hearing.

Citation
[2000] UKEAT 673_00_2410
Parties
Appellant: Mr Scott; Appellant: Mr and Mrs Aldridge; Respondent: First Respondent; Respondent: Second Respondent
Jurisdiction
United Kingdom
Judgment Date
24 October 2000
Procedural Posture
Employment Appeal / Preliminary Hearing Ex Parte
Outcome
Case remitted for full hearing
Legal Topics
Continuity of Employment, Transfer of Undertakings, Redundancy, Fair Dismissal
Employment Law Continuity of Employment Transfer of Undertakings Redundancy Fair Dismissal

Case Brief

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Parties

Mr Scott

Appellant

Mr and Mrs Aldridge

Appellant

First Respondent

Respondent

Second Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether there was a transfer of undertaking from the first respondent to the second respondent
  2. 2 Whether the tribunal erred in law by failing to make essential findings of fact
  3. 3 Whether the dismissals were fair and constituted redundancy

Ratio Decidendi

There is an arguable case that the tribunal erred in law or reached a perverse decision by apparently ignoring evidence and failing to make findings about it; therefore, the matter should proceed to a full hearing.

Court Disposition

Case remitted for full hearing

Orders

  • The matter is to proceed to a full hearing.
  • The full hearing should have the benefit of the Chairman's Notes of Evidence of Mr Scott, Mr and Mrs Aldridge, and Mr Hardman.