Sphinx Level Distribution Ltd v Hancock [1993] UKEAT 46_92_0211 (2 November 1993)

Sphinx Level Distribution Ltd v Hancock [1993] UKEAT 46_92_0211 (2 November 1993)

Due to uncertainty regarding the facts, documents considered, and application of law by the Industrial Tribunal, the appeal is allowed and the matter is remitted for a complete rehearing.

Citation
[1993] UKEAT 46_92_0211
Parties
Appellant: Sphinx Level Distribution Ltd; Respondent: Mr Hancock
Jurisdiction
United Kingdom
Judgment Date
02 November 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Preliminary Hearing
Outcome
Appeal allowed; case remitted for rehearing
Legal Topics
Continuous Service, Unfair Dismissal, Jurisdiction, Effective Date of Termination

Case Brief

Summary, issues, holding and outcome

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Parties

Sphinx Level Distribution Ltd

Appellant

Mr Hancock

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Preliminary Hearing

  1. 1 Whether the applicant had two years' continuous service
  2. 2 Whether the dismissal was summary or with notice
  3. 3 Correct dates of commencement and termination of employment

Ratio Decidendi

Due to uncertainty regarding the facts, documents considered, and application of law by the Industrial Tribunal, the appeal is allowed and the matter is remitted for a complete rehearing.

Court Disposition

Appeal allowed; case remitted for rehearing

Orders

  • Remit the case to the same Industrial Tribunal for a complete rehearing of the preliminary point on jurisdiction