Abbey Business Centres Ltd v. Norman D Howison [2003] UKEAT 0042_03_2811 (28 November 2003)

The Tribunal's procedural handling was appropriate and not to be interfered with; the matter should be remitted to a freshly constituted Tribunal to consider competency and merits of the claims.

Citation: [2003] UKEAT 0042_03_2811
Parties: Employer: Appellants; Employee: Respondent
Jurisdiction: United Kingdom
Judgment Date: 28 November 2003
Procedural Posture: Employment Appeal / Appeal Against Procedural Order
Outcome: appeal refused in part, allowed in part
Legal Topics: Unfair Dismissal, Unlawful Deduction of Wages, Tribunal Procedure, Jurisdiction, Competency

Employment Law Unfair Dismissal Unlawful Deduction of Wages Tribunal Procedure Jurisdiction Competency

Case Brief

Summary, issues, holding and outcome

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Parties

Appellants

Employer

Respondent

Employee

Procedural Posture

Employment Appeal / Appeal Against Procedural Order

Legal Issues

1 whether the Employment Tribunal erred in procedure regarding preliminary hearing on competency and jurisdiction
2 whether merits of unlawful deduction claim should be heard with competency issue

Ratio Decidendi

The Tribunal's procedural handling was appropriate and not to be interfered with; the matter should be remitted to a freshly constituted Tribunal to consider competency and merits of the claims.

Court Disposition

appeal refused in part, allowed in part

Orders

matter remitted to a freshly constituted Employment Tribunal to consider competency and merits of unlawful deduction claim and unfair dismissal claim
application for costs refused