Outwing Construction Ltd v. Elliott [2000] UKEAT 740_00_0911 (9 November 2000)

Outwing Construction Ltd v. Elliott [2000] UKEAT 740_00_0911 (9 November 2000)

The Tribunal's error was not one by its staff but by the Tribunal itself, and the interests of justice do not require a review since the only error was in the appellant's favour. The Tribunal has discretion to review, and there is no basis for complaint in its refusal to do so.

Citation
[2000] UKEAT 740_00_0911
Parties
Appellant: Outwing Construction Ltd; Respondent: Mr Elliott
Jurisdiction
United Kingdom
Judgment Date
09 November 2000
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Redundancy Payment, Breach of Contract, Notice Period, Review of Tribunal Decision
Employment Law Redundancy Payment Breach of Contract Notice Period Review of Tribunal Decision

Case Brief

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Parties

Outwing Construction Ltd

Appellant

Mr Elliott

Respondent

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to review its decision regarding redundancy payment, breach of contract, and notice period.
  2. 2 Whether an arithmetic error by the Tribunal justified a review under the Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993.

Ratio Decidendi

The Tribunal's error was not one by its staff but by the Tribunal itself, and the interests of justice do not require a review since the only error was in the appellant's favour. The Tribunal has discretion to review, and there is no basis for complaint in its refusal to do so.

Court Disposition

Appeal dismissed

Orders

  • No full hearing; matter dismissed at preliminary stage