White v Worcester Royal Infirmary [1995] UKEAT 716_94_0803 (8 March 1995)

The appeal cannot be determined without the Chairman's notes on key evidence regarding direct management encouragement and procedural fairness; central issues must be addressed in Tribunal reasons.

Citation: [1995] UKEAT 716_94_0803
Parties: Appellant: Mr White; Respondents: Ronkswood Hospital (Management)
Jurisdiction: United Kingdom
Judgment Date: 08 March 1995
Procedural Posture: Employment Appeal / Interlocutory (directions for Further Evidence Before Substantive Appeal Hearing)
Outcome: Adjourned for further evidence
Legal Topics: Unfair Dismissal, Tribunal Procedure, Misconduct, Review of Tribunal Decision

Employment Law Unfair Dismissal Tribunal Procedure Misconduct Review of Tribunal Decision

Case Brief

Summary, issues, holding and outcome

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Parties

Mr White

Appellant

Ronkswood Hospital (Management)

Respondents

Procedural Posture

Employment Appeal / Interlocutory (directions for Further Evidence Before Substantive Appeal Hearing)

Legal Issues

1 Whether the Tribunal erred in failing to address the allegation of direct management encouragement of the misconduct
2 Whether the Tribunal erred in not addressing contradictory evidence regarding management's knowledge of the practice
3 Whether procedural fairness was compromised by continuing the hearing in the absence of parties' representatives

Ratio Decidendi

The appeal cannot be determined without the Chairman's notes on key evidence regarding direct management encouragement and procedural fairness; central issues must be addressed in Tribunal reasons.

Court Disposition

Adjourned for further evidence

Orders

Chairman to provide notes of evidence on specific points identified in the judgment
Parties to attempt to agree and provide any notes or documents relevant to the disputed issues before the next hearing