Gibbs v. W H Smith [2001] UKEAT 1163_00_0203 (2 March 2001)

Gibbs v. W H Smith [2001] UKEAT 1163_00_0203 (2 March 2001)

The Employment Tribunal's findings were reasonable and supported by evidence; there was no error of law or perversity. The respondent investigated the appellant's complaints, offered alternative positions, and did not show an intention to repudiate the contract. There was no finding of bullying, and no real...

Source-derived case information.

Citation
[2001] UKEAT 1163_00_0203
Parties
Appellant: Mrs Baker; Respondent: W H Smith plc
Jurisdiction
United Kingdom
Judgment Date
02 March 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Constructive Dismissal, Bullying in the Workplace, Procedural Fairness, Bias in Tribunal Proceedings
Employment Law Unfair Dismissal Constructive Dismissal Bullying in the Workplace Procedural Fairness Bias in Tribunal Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs Baker

Appellant

W H Smith plc

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal's decision was perverse or contained an error of law
  2. 2 Whether the respondent's handling of the appellant's grievance amounted to a fundamental breach of contract
  3. 3 Whether there was bias in the tribunal panel due to a lay member's prior employment with the respondent

Ratio Decidendi

The Employment Tribunal's findings were reasonable and supported by evidence; there was no error of law or perversity. The respondent investigated the appellant's complaints, offered alternative positions, and did not show an intention to repudiate the contract. There was no finding of bullying, and no real possibility of bias was established.

Court Disposition

Appeal dismissed