NWT Freight Forwarding Ltd v. Owen [2001] UKEAT 643_01_0111 (1 November 2001)

There is an arguable point that the Tribunal imported a term into the contract without evidential foundation, warranting a full hearing of the appeal.

Citation: [2001] UKEAT 643_01_0111
Parties: Appellant: NWT Freight Forwarding Ltd; Respondent: Mr Owen
Jurisdiction: United Kingdom
Judgment Date: 01 November 2001
Procedural Posture: Employment Appeal / Preliminary Hearing
Outcome: Appeal allowed to proceed to full hearing
Legal Topics: Constructive Dismissal, Implied Terms, Custom and Practice

Employment Law Constructive Dismissal Implied Terms Custom and Practice

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 1 Party arguments 2

Parties

NWT Freight Forwarding Ltd

Appellant

Mr Owen

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

1 Whether the Tribunal erred in finding an implied term regarding yard duties after overseas trips
2 Whether the Tribunal's decision was perverse due to lack of evidential foundation for the implied term

Ratio Decidendi

There is an arguable point that the Tribunal imported a term into the contract without evidential foundation, warranting a full hearing of the appeal.

Court Disposition

Appeal allowed to proceed to full hearing

Orders

Chairman's notes to be transcribed regarding evidence on custom and practice of yard duties
Paragraph 12 of appellant's skeleton argument to be incorporated into the order