Chaloner v National Association Of Citizens Advice Bureau [1996] UKEAT 1093_95_2305 (23 May 1996)

Chaloner v National Association Of Citizens Advice Bureau [1996] UKEAT 1093_95_2305 (23 May 1996)

The tribunal erred in law by failing to consider whether the claim was within jurisdiction under the statutory provisions and by not considering the relevant legal issues.

Citation
[1996] UKEAT 1093_95_2305
Parties
Appellant: Ms Chaloner; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
23 May 1996
Procedural Posture
Employment Tribunal Appeal / Remitted for Reconsideration After Appeal
Outcome
Remitted to Industrial Tribunal for reconsideration
Legal Topics
Redundancy Payment, Time Limits, Tribunal Jurisdiction
Employment Law Redundancy Payment Time Limits Tribunal Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Chaloner

Appellant

Respondent

Respondent

Procedural Posture

Employment Tribunal Appeal / Remitted for Reconsideration After Appeal

Legal Issues

  1. 1 Whether the appellant's claim for redundancy payment was within the statutory time limit
  2. 2 Whether the tribunal had jurisdiction to hear a late claim
  3. 3 Whether service with an associated employer should be included in redundancy entitlement

Ratio Decidendi

The tribunal erred in law by failing to consider whether the claim was within jurisdiction under the statutory provisions and by not considering the relevant legal issues.

Court Disposition

Remitted to Industrial Tribunal for reconsideration

Orders

  • Case remitted to Industrial Tribunal to reconsider the appellant's claim in light of statutory provisions and issues identified in the judgment