Arbuthnott v Mount Carmel School [1996] UKEAT 1379_95_0205 (2 May 1996)

Arbuthnott v Mount Carmel School [1996] UKEAT 1379_95_0205 (2 May 1996)

The adjournment order was not perverse; it was reasonable to await the House of Lords decision in Seymour-Smith, which could affect the qualifying period for unfair dismissal claims.

Citation
[1996] UKEAT 1379_95_0205
Parties
Appellant: Ms Arbuthnott; Respondents: Governors of Mount Carmel School
Jurisdiction
United Kingdom
Judgment Date
02 May 1996
Procedural Posture
Appeal Against Interlocutory Order (adjournment) in Unfair Dismissal Proceedings / Appeal Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Continuous Service, Adjournment Orders, Qualifying Periods
Employment Law Unfair Dismissal Continuous Service Adjournment Orders Qualifying Periods

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 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Ms Arbuthnott

Appellant

Governors of Mount Carmel School

Respondents

Procedural Posture

Appeal Against Interlocutory Order (adjournment) in Unfair Dismissal Proceedings / Appeal Tribunal Decision

Legal Issues

  1. 1 Whether the adjournment order pending House of Lords decision in Seymour-Smith was perverse
  2. 2 Whether the applicant has sufficient continuous service to bring a claim for unfair dismissal

Ratio Decidendi

The adjournment order was not perverse; it was reasonable to await the House of Lords decision in Seymour-Smith, which could affect the qualifying period for unfair dismissal claims.

Court Disposition

Appeal dismissed

Orders

  • Adjournment order upheld
  • Proceedings to await House of Lords decision in Seymour-Smith