Network Rail Infrastructure Ltd v. Marks [2010] UKEAT 0287_10_2311 (23 November 2010)

Network Rail Infrastructure Ltd v. Marks [2010] UKEAT 0287_10_2311 (23 November 2010)

The Employment Tribunal erred in law by misapplying the burden of proof, failing to properly address section 98A(2) ERA 1996, not making findings on Polkey and contributory fault, and failing to give reasons for the compensation period; these errors necessitate a full rehearing before a fresh Tribunal.

Source-derived case information.

Citation
[2010] UKEAT 0287_10_2311
Parties
Appellant: Network Rail Infrastructure Ltd; Respondent: Mr K Marks
Jurisdiction
United Kingdom
Judgment Date
23 November 2010
Procedural Posture
Employment Appeal Tribunal Unfair Dismissal / Appeal and Cross Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; cross-appeal dismissed; case remitted for full rehearing before a fresh Employment Tribunal.
Legal Topics
Unfair Dismissal, Burden of Proof, Section 98 a Employment Rights Act 1996, Polkey Reduction, Contributory Fault, Compensation Calculation
Employment Law Unfair Dismissal Burden of Proof Section 98 a Employment Rights Act 1996 Polkey Reduction Contributory Fault Compensation Calculation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Network Rail Infrastructure Ltd

Appellant

Mr K Marks

Respondent

Procedural Posture

Employment Appeal Tribunal Unfair Dismissal / Appeal and Cross Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by misapplying the burden of proof under section 98(4) ERA 1996
  2. 2 Whether the Tribunal misunderstood and misapplied section 98A(2) ERA 1996
  3. 3 Whether the Tribunal failed to make a Polkey finding

Ratio Decidendi

The Employment Tribunal erred in law by misapplying the burden of proof, failing to properly address section 98A(2) ERA 1996, not making findings on Polkey and contributory fault, and failing to give reasons for the compensation period; these errors necessitate a full rehearing before a fresh Tribunal.

Court Disposition

Appeal allowed; cross-appeal dismissed; case remitted for full rehearing before a fresh Employment Tribunal.

Orders

  • Full rehearing before a fresh Employment Tribunal
  • Cross-appeal dismissed