Gee v. Shell UK Ltd [2000] UKEAT 484_00_1011 (10 November 2000)
There is a reasonably arguable point of law as to whether the tribunal's procedure, particularly the mention of a possible costs order, deprived the applicant of a fair hearing and thus breached the rules of natural justice.
- Citation
- [2000] UKEAT 484_00_1011
- Parties
- Applicant: Mrs Gee; Respondent: Shell; Appellant's Solicitor: Mr D Greene
- Jurisdiction
- United Kingdom
- Judgment Date
- 10 November 2000
- Procedural Posture
- Employment Appeal / Preliminary Hearing
- Outcome
- Appeal allowed to proceed to full hearing on procedural fairness issue.
- Legal Topics
- Unfair Dismissal, Employee Status, Procedural Fairness, Costs in Tribunal
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs Gee
Applicant
Shell
Respondent
Mr D Greene
Appellant's Solicitor
Procedural Posture
Employment Appeal / Preliminary Hearing
Legal Issues
- 1 Whether the applicant was an employee of the respondent
- 2 Whether the applicant had the necessary qualifying period of service for unfair dismissal
- 3 Whether the tribunal's procedure deprived the applicant of a fair hearing
Ratio Decidendi
There is a reasonably arguable point of law as to whether the tribunal's procedure, particularly the mention of a possible costs order, deprived the applicant of a fair hearing and thus breached the rules of natural justice.
Court Disposition
Appeal allowed to proceed to full hearing on procedural fairness issue.
Orders
- Case to proceed as a Category C case
- Time estimate of 2 hours for hearing
Full Case Text
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