Keyhaven International Ltd v. Ewart [2003] UKEAT 1194_01_2401 (24 January 2003)

The Tribunal's conclusion regarding the date of the redundancy meeting was not supported by evidence, and its inference was impermissible; therefore, the appeal is allowed.

Citation: [2003] UKEAT 1194_01_2401
Parties: Applicant: Mrs Ewart; Respondent: Keyhaven
Jurisdiction: United Kingdom
Judgment Date: 24 January 2003
Procedural Posture: Employment Appeal / Preliminary Hearing
Outcome: Appeal allowed; case remitted for rehearing by differently constituted Tribunal.
Legal Topics: Disability Discrimination, Redundancy, Dismissal, Tribunal Procedure

Employment Law Disability Discrimination Redundancy Dismissal Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Ewart

Applicant

Keyhaven

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

1 Whether the Applicant was dismissed due to disability discrimination or redundancy
2 Whether the Tribunal's finding on the date of the redundancy meeting was supported by evidence

Ratio Decidendi

The Tribunal's conclusion regarding the date of the redundancy meeting was not supported by evidence, and its inference was impermissible; therefore, the appeal is allowed.

Court Disposition

Appeal allowed; case remitted for rehearing by differently constituted Tribunal.

Orders

Remit to Southampton region for rehearing by a different Tribunal.