Asda Stores Ltd v. Malyn [2000] UKEAT 66_00_3003 (30 March 2000)

Asda Stores Ltd v. Malyn [2000] UKEAT 66_00_3003 (30 March 2000)

The case raises arguable points of law regarding the necessity of employee knowledge about the consequences of misconduct and the impact of disability on comprehension of rules, justifying a full hearing.

Citation
[2000] UKEAT 66_00_3003
Parties
Applicant: Mrs Sandra Malyn; Respondent: Asda Stores Ltd
Jurisdiction
United Kingdom
Judgment Date
30 March 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Matter to proceed to full hearing
Legal Topics
Gross Misconduct, Employee Dismissal, Disability Accommodation
Employment Law Disability Discrimination Gross Misconduct Employee Dismissal Disability Accommodation

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 3 Party arguments 2
Sign in to unlock

Parties

Mrs Sandra Malyn

Applicant

Asda Stores Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether a single incident of card misuse by an employee constitutes gross misconduct justifying dismissal
  2. 2 Whether the employee's knowledge of the rules and her disability affect the fairness of dismissal

Ratio Decidendi

The case raises arguable points of law regarding the necessity of employee knowledge about the consequences of misconduct and the impact of disability on comprehension of rules, justifying a full hearing.

Court Disposition

Matter to proceed to full hearing

Orders

  • Case to be listed for full hearing, Category B, estimated half a day