de Haney v. Brent Mind & Anor [2003] UKEAT 54_03_1903 (19 March 2003)

de Haney v. Brent Mind & Anor [2003] UKEAT 54_03_1903 (19 March 2003)

The appeal on the public interest disclosure issue is reasonably arguable and should proceed to a full hearing, as there may have been an error in the Tribunal's findings regarding the oral disclosure of 19 February 2001. The appeal on health and safety dismissal and procedural irregularities is dismissed as the Tribunal's factual findings preclude a reasonable prospect of success and no material procedural unfairness was established.

Citation
[2003] UKEAT 54_03_1903
Parties
Applicant: Ms de Haney; Second Respondent: Ms Lang; Respondent's Witness: Mr David Hardman
Jurisdiction
United Kingdom
Judgment Date
19 March 2003
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Partially allowed
Legal Topics
Public Interest Disclosure, Race Discrimination, Victimisation, Health and Safety Dismissal, Procedural Irregularity
Employment Law Public Interest Disclosure Race Discrimination Victimisation Health and Safety Dismissal Procedural Irregularity

Case Brief

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Parties

Ms de Haney

Applicant

Ms Lang

Second Respondent

Mr David Hardman

Respondent's Witness

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Applicant made a qualifying public interest disclosure on 19 February 2001
  2. 2 Whether the Applicant's dismissal was connected to the public interest disclosure
  3. 3 Whether the Applicant was dismissed in breach of section 101(1)(e) of the Employment Rights Act 1996 (health and safety)

Ratio Decidendi

The appeal on the public interest disclosure issue is reasonably arguable and should proceed to a full hearing, as there may have been an error in the Tribunal's findings regarding the oral disclosure of 19 February 2001. The appeal on health and safety dismissal and procedural irregularities is dismissed as the Tribunal's factual findings preclude a reasonable prospect of success and no material procedural unfairness was established.

Court Disposition

Partially allowed

Orders

  • The public interest disclosure aspect of the appeal is allowed to proceed to a full hearing.
  • The appeal on health and safety dismissal is dismissed.