Fox v. Willis Howells Financial Services & Ors [2001] UKEAT 1399_99_0103 (1 March 2001)

Mr Crone, sitting alone, did not have jurisdiction to conduct the review after not summarily dismissing the application under Rule 11(5); review must be remitted to a properly appointed tribunal.

Citation: [2001] UKEAT 1399_99_0103
Parties: Appellant: Mrs Fox; First Respondent: Willis Howells Financial Services; Second Respondent: Gibbs Denley; Third Respondent: Secretary of State
Jurisdiction: United Kingdom
Judgment Date: 01 March 2001
Procedural Posture: Employment Appeal / Appeal Against Review Decision
Outcome: second appeal allowed; first appeal withdrawn
Legal Topics: Unfair Dismissal, Redundancy Payment, Unpaid Wages, Breach of Contract, Insolvency Payments, Review Procedure

Employment Law Unfair Dismissal Redundancy Payment Unpaid Wages Breach of Contract Insolvency Payments Review Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Mrs Fox

Appellant

Willis Howells Financial Services

First Respondent

Gibbs Denley

Second Respondent

Secretary of State

Third Respondent

Procedural Posture

Employment Appeal / Appeal Against Review Decision

Legal Issues

1 Whether a chairman acting alone can conduct a review after not summarily dismissing the application under Rule 11(5)
2 Jurisdiction of chairman under Employment Tribunals (Constitution etc) Regulations 1993

Ratio Decidendi

Mr Crone, sitting alone, did not have jurisdiction to conduct the review after not summarily dismissing the application under Rule 11(5); review must be remitted to a properly appointed tribunal.

Court Disposition

second appeal allowed; first appeal withdrawn

Orders

review remitted to a tribunal appointed by either the President or a Regional Chairman