Nutley v. Thames Valley University [2000] UKEAT 705_00_0111 (1 November 2000)

Nutley v. Thames Valley University [2000] UKEAT 705_00_0111 (1 November 2000)

There is an arguable case that the tribunal erred in law by failing to consider the applicant's arguments regarding pressure and lack of choice in termination, and by not properly addressing whether the University was estopped from limiting notice to three months based on management statements and contractual criteria.

Citation
[2000] UKEAT 705_00_0111
Parties
Appellant: Mrs Nutley; Respondent: Thames Valley University
Jurisdiction
United Kingdom
Judgment Date
01 November 2000
Procedural Posture
Employment Appeal / Preliminary Ex Parte Hearing
Outcome
Matter directed to full hearing of appeal on two points.
Legal Topics
Redundancy, Notice Period, Dismissal, Mutual Agreement, Estoppel
Employment Law Redundancy Notice Period Dismissal Mutual Agreement Estoppel

Case Brief

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Parties

Mrs Nutley

Appellant

Thames Valley University

Respondent

Procedural Posture

Employment Appeal / Preliminary Ex Parte Hearing

Legal Issues

  1. 1 Whether Mrs Nutley was unfairly selected for redundancy or dismissed under pressure
  2. 2 Whether Mrs Nutley was entitled to twelve months' notice or only three months' notice on redundancy
  3. 3 Whether the University was estopped from limiting notice to three months

Ratio Decidendi

There is an arguable case that the tribunal erred in law by failing to consider the applicant's arguments regarding pressure and lack of choice in termination, and by not properly addressing whether the University was estopped from limiting notice to three months based on management statements and contractual criteria.

Court Disposition

Matter directed to full hearing of appeal on two points.

Orders

  • Appellant to file amended Notice of Appeal within 14 days raising both points.
  • Case to be listed as Category C for half a day.