Romain v. Sinclair Collis Ltd [2001] UKEAT 628_01_0810 (8 October 2001)

Romain v. Sinclair Collis Ltd [2001] UKEAT 628_01_0810 (8 October 2001)

All grounds of appeal except the Section 127(A)(2) point are arguable and fit for a full hearing as they raise potential errors of law in the Tribunal's approach to deductions, compensation calculation, period of unemployment, pension loss, and mitigation expenses. The Section 127(A)(2) ground is dismissed as...

Source-derived case information.

Citation
[2001] UKEAT 628_01_0810
Parties
Applicant: Peter Romain; Respondent: Sinclair Collis Ltd
Jurisdiction
United Kingdom
Judgment Date
08 October 2001
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal
Outcome
Appeal allowed to proceed to full hearing on all grounds except Section 127(A)(2), which is dismissed.
Legal Topics
Unfair Dismissal, Unauthorised Deduction From Wages, Remedies, Constructive Dismissal, Compensation Calculation
Employment Law Unfair Dismissal Unauthorised Deduction From Wages Remedies Constructive Dismissal Compensation Calculation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Peter Romain

Applicant

Sinclair Collis Ltd

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in deducting £613.85 from wages as settlement for shortages
  2. 2 Whether the deduction of £868.67 was unsupported by evidence or misunderstood
  3. 3 Whether the compensatory award calculation was based on correct wage figures and deductions

Ratio Decidendi

All grounds of appeal except the Section 127(A)(2) point are arguable and fit for a full hearing as they raise potential errors of law in the Tribunal's approach to deductions, compensation calculation, period of unemployment, pension loss, and mitigation expenses. The Section 127(A)(2) ground is dismissed as inapplicable to constructive dismissal where no internal appeal was sought.

Court Disposition

Appeal allowed to proceed to full hearing on all grounds except Section 127(A)(2), which is dismissed.

Orders

  • Ground g) (Section 127(A)(2)) is struck out from the Notice of Appeal.
  • All other grounds proceed to full hearing.