Gee v. Shell UK Ltd [2000] UKEAT 484_00_1011 (10 November 2000)

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

  1. 1 Whether the applicant was an employee of the respondent
  2. 2 Whether the applicant had the necessary qualifying period of service for unfair dismissal
  3. 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