White v. Entech Technical Solutions Ltd [2000] UKEAT 1175_99_1201 (12 January 2000)

White v. Entech Technical Solutions Ltd [2000] UKEAT 1175_99_1201 (12 January 2000)

The appeal should proceed to a full hearing on the issue of whether the tribunal erred in law in drawing inferences about the period of notice, but not on the ground that the tribunal preferred the respondent's evidence over the appellant's on factual disputes.

Citation
[2000] UKEAT 1175_99_1201
Parties
Appellant: Mr White; Respondent: Unknown Respondent
Jurisdiction
United Kingdom
Judgment Date
12 January 2000
Procedural Posture
Appeal / Preliminary Hearing Ex Parte
Outcome
Partial allowance of appeal; set down for full hearing on identified issue; other grounds dismissed.
Legal Topics
Notice Period, Contractual Inference, Appeal Procedure
Employment Law Notice Period Contractual Inference Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr White

Appellant

Unknown Respondent

Respondent

Procedural Posture

Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether the tribunal erred in drawing inferences about the period of notice in the appellant's contract
  2. 2 Whether the tribunal erred in law in evaluating the evidence regarding the nature and period of employment

Ratio Decidendi

The appeal should proceed to a full hearing on the issue of whether the tribunal erred in law in drawing inferences about the period of notice, but not on the ground that the tribunal preferred the respondent's evidence over the appellant's on factual disputes.

Court Disposition

Partial allowance of appeal; set down for full hearing on identified issue; other grounds dismissed.

Orders

  • Chairman's Notes of Evidence to be produced and added to the appeal file.
  • Appeal set down for hearing in Category C with a two-hour estimate.