Tensor Computers Ltd v Duckworth [1993] UKEAT 59_93_2810 (28 October 1993)

Tensor Computers Ltd v Duckworth [1993] UKEAT 59_93_2810 (28 October 1993)

The appeal was dismissed because the Tribunal's decision was based on procedural unfairness, not substitution of opinion, and the Tribunal did consider the employee's conduct and previous warnings.

Citation
[1993] UKEAT 59_93_2810
Parties
Appellant: Tensor Computers Ltd; Respondent: Mr Vaughan Duckworth
Jurisdiction
United Kingdom
Judgment Date
28 October 1993
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Appeal Procedure
Employment Law Unfair Dismissal Appeal Procedure

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 Amounts and remedies 1
Sign in to unlock

Parties

Tensor Computers Ltd

Appellant

Mr Vaughan Duckworth

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Tribunal substituted its own opinion for that of the employer in finding unfair dismissal
  2. 2 Whether the Tribunal ignored the employee's conduct and previous warnings in assessing contribution to dismissal

Ratio Decidendi

The appeal was dismissed because the Tribunal's decision was based on procedural unfairness, not substitution of opinion, and the Tribunal did consider the employee's conduct and previous warnings.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed at preliminary stage