Roberts v Carlin [2010] UKEAT 0183_09_1712 (17 December 2010)

Roberts v Carlin [2010] UKEAT 0183_09_1712 (17 December 2010)

The Employment Tribunal's reasons were not Meek-compliant as they failed to provide a coherent and intelligible explanation for rejecting the Respondent's explanation for dismissal. The Tribunal did not adequately address the credibility of the Respondent's evidence or explain why the defence was rejected, necessitating remission for rehearing.

Citation
[2010] UKEAT 0183_09_1712
Parties
Claimant: Miss Carlin; Respondent: Mrs Roberts
Jurisdiction
United Kingdom
Judgment Date
17 December 2010
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment After Full Hearing
Outcome
Appeal allowed on Meek ground only; case remitted for rehearing before a fresh Employment Tribunal.
Legal Topics
Sex Discrimination, Pregnancy Related Dismissal, Procedural Fairness, Bias in Tribunal Proceedings, Statutory Disciplinary Procedures, Meek Compliance, Perversity
Employment Law Discrimination Law Sex Discrimination Pregnancy Related Dismissal Procedural Fairness Bias in Tribunal Proceedings Statutory Disciplinary Procedures Meek Compliance +1 more

Case Brief

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Parties

Miss Carlin

Claimant

Mrs Roberts

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal's decision was vitiated by apparent bias
  2. 2 Whether the Tribunal misapplied the law regarding statutory disciplinary procedures
  3. 3 Whether the Tribunal's reasons were Meek-compliant

Ratio Decidendi

The Employment Tribunal's reasons were not Meek-compliant as they failed to provide a coherent and intelligible explanation for rejecting the Respondent's explanation for dismissal. The Tribunal did not adequately address the credibility of the Respondent's evidence or explain why the defence was rejected, necessitating remission for rehearing.

Court Disposition

Appeal allowed on Meek ground only; case remitted for rehearing before a fresh Employment Tribunal.

Orders

  • The appeal is allowed on the ground of inadequate reasons (Meek non-compliance).
  • The matter is remitted for rehearing before a new Employment Tribunal.