Sleepeezee Ltd v. MccArthy [2001] UKEAT 0799_01_1207 (12 July 2001)

Sleepeezee Ltd v. MccArthy [2001] UKEAT 0799_01_1207 (12 July 2001)

The Employment Tribunal erred in law by refusing the application for a preliminary issue hearing solely on the basis of insufficient insight into the case. The proper approach is to ensure the tribunal is sufficiently informed to make an appropriate procedural decision. The appeal is allowed, and the hearing is to...

Source-derived case information.

Citation
[2001] UKEAT 0799_01_1207
Parties
Appellant: Sleepeezee Ltd; Respondent: Mr Morgan McCarthy
Jurisdiction
United Kingdom
Judgment Date
12 July 2001
Procedural Posture
Interlocutory Appeal / Appeal Against Employment Tribunal's Refusal to Order Preliminary Issue Hearing
Outcome
Appeal allowed
Legal Topics
Constructive Dismissal, Wrongful Dismissal, Unfair Dismissal, Preliminary Issues, Employment Tribunal Procedure
Employment Law Constructive Dismissal Wrongful Dismissal Unfair Dismissal Preliminary Issues Employment Tribunal Procedure

Source-derived case record

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Parties

Sleepeezee Ltd

Appellant

Mr Morgan McCarthy

Respondent

Procedural Posture

Interlocutory Appeal / Appeal Against Employment Tribunal's Refusal to Order Preliminary Issue Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to order a preliminary issue hearing on the question of dismissal under Section 95(1) of the Employment Rights Act 1996
  2. 2 Whether the hearing should be limited to the preliminary issue of dismissal before considering other claims

Ratio Decidendi

The Employment Tribunal erred in law by refusing the application for a preliminary issue hearing solely on the basis of insufficient insight into the case. The proper approach is to ensure the tribunal is sufficiently informed to make an appropriate procedural decision. The appeal is allowed, and the hearing is to be limited to the preliminary issue of whether the Applicant was dismissed under Section 95(1) of the Employment Rights Act 1996, including whether any dismissal was unfair under Section 98.

Court Disposition

Appeal allowed

Orders

  • The Employment Tribunal's refusal to order a preliminary issue hearing is set aside.
  • The hearing on 16th, 17th, and 18th July is to be limited to the preliminary issue of whether the Applicant was dismissed for the purposes of Section 95(1) of the Employment Rights Act 1996, including whether any dismissal was unfair under Section 98.