Pabiel v. Forge Heating & Cooling Services [2001] UKEAT 759_01_0511 (5 November 2001)

Pabiel v. Forge Heating & Cooling Services [2001] UKEAT 759_01_0511 (5 November 2001)

The tribunal correctly found there was no dismissal, only resignation, based on credible evidence and proper legal direction; irrelevant allegations were excluded, and the applicant received a fair hearing.

Citation
[2001] UKEAT 759_01_0511
Parties
Applicant: Ms Pabiel; Respondent: Forge Heating & Cooling Services
Jurisdiction
United Kingdom
Judgment Date
05 November 2001
Procedural Posture
Employment Appeal / Preliminary Ex Parte Hearing
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Resignation, Fair Hearing, Perversity
Employment Law Constructive Dismissal Unfair Dismissal Resignation Fair Hearing Perversity

Case Brief

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Parties

Ms Pabiel

Applicant

Forge Heating & Cooling Services

Respondent

Procedural Posture

Employment Appeal / Preliminary Ex Parte Hearing

Legal Issues

  1. 1 Whether there was a dismissal or resignation
  2. 2 Whether the applicant received a fair hearing
  3. 3 Whether the tribunal's decision was perverse

Ratio Decidendi

The tribunal correctly found there was no dismissal, only resignation, based on credible evidence and proper legal direction; irrelevant allegations were excluded, and the applicant received a fair hearing.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed at preliminary hearing
  • no full hearing to be held