Williams v. Caerphilly Coutny Borough Council [2000] UKEAT 453_00_2007 (20 July 2000)

Williams v. Caerphilly Coutny Borough Council [2000] UKEAT 453_00_2007 (20 July 2000)

There is an arguable point as to the correct contractual analysis of the employee's status after the appeal was allowed and whether the Tribunal erred in its approach; thus, the appeal should proceed to a full hearing.

Source-derived case information.

Citation
[2000] UKEAT 453_00_2007
Parties
Appellant: Mrs Williams; Respondent: Caerphilly County Borough Council
Jurisdiction
United Kingdom
Judgment Date
20 July 2000
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal Against Dismissal of Claims
Outcome
Appeal allowed to proceed to full hearing
Legal Topics
Unfair Dismissal, Breach of Contract, Unlawful Deduction of Wages, Reinstatement After Appeal, Contractual Status Post Appeal
Employment Law Unfair Dismissal Breach of Contract Unlawful Deduction of Wages Reinstatement After Appeal Contractual Status Post Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs Williams

Appellant

Caerphilly County Borough Council

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal Against Dismissal of Claims

  1. 1 Whether the Employment Tribunal erred in striking out the claim as out of time based on the date of dismissal
  2. 2 Whether the employee was reinstated after a successful appeal against dismissal and the effect on contractual status

Ratio Decidendi

There is an arguable point as to the correct contractual analysis of the employee's status after the appeal was allowed and whether the Tribunal erred in its approach; thus, the appeal should proceed to a full hearing.

Court Disposition

Appeal allowed to proceed to full hearing

Orders

  • The appeal is to be listed for a full hearing in category C.