Shaw v Memco Ltd [2000] UKEAT 1199_98_0902 (9 February 2000)

Shaw v Memco Ltd [2000] UKEAT 1199_98_0902 (9 February 2000)

The Tribunal's failure to explain how it resolved conflicting evidence and quantified the 50% reduction constitutes an error that must be remedied by remitting the case to the original Tribunal for amplification of its reasons.

Citation
[2000] UKEAT 1199_98_0902
Parties
Appellant: Mr Shaw; Respondent: Respondent Company
Jurisdiction
United Kingdom
Judgment Date
09 February 2000
Procedural Posture
Employment Appeal / Final Hearing of Appeal
Outcome
Remitted to original Tribunal for amplification of reasons
Legal Topics
Contributory Fault, Quantification of Reduction, Tribunal Reasoning, Remittal
Employment Law Contributory Fault Quantification of Reduction Tribunal Reasoning Remittal

Case Brief

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Parties

Mr Shaw

Appellant

Respondent Company

Respondent

Procedural Posture

Employment Appeal / Final Hearing of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by failing to explain how it resolved conflicting evidence about events on 19th November
  2. 2 Whether the Tribunal erred in failing to explain how it quantified the 50% reduction for contributory fault

Ratio Decidendi

The Tribunal's failure to explain how it resolved conflicting evidence and quantified the 50% reduction constitutes an error that must be remedied by remitting the case to the original Tribunal for amplification of its reasons.

Court Disposition

Remitted to original Tribunal for amplification of reasons

Orders

  • Case remitted to the original Tribunal to amplify its reasons regarding the conflict of evidence on 19th November and quantification of contribution
  • Tribunal may reconsider the question of contribution if it sees fit