McBride Ltd v. Rooney & Ors [2005] UKEAT 0155_05_2807 (28 July 2005)

McBride Ltd v. Rooney & Ors [2005] UKEAT 0155_05_2807 (28 July 2005)

The tribunal erred by substituting its own factual findings for those of the employer and failing to properly apply the reasonable employer test; the matter must be remitted for reconsideration.

Citation
[2005] UKEAT 0155_05_2807
Parties
Employer: Appellants; Employees: Respondents
Jurisdiction
United Kingdom
Judgment Date
28 July 2005
Procedural Posture
Employment Appeal / Appeal From Tribunal Decision
Outcome
decision set aside and remitted for rehearing
Legal Topics
Unfair Dismissal, Reasonableness of Dismissal, Procedural Fairness
Employment Law Unfair Dismissal Reasonableness of Dismissal Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Appellants

Employer

Respondents

Employees

Procedural Posture

Employment Appeal / Appeal From Tribunal Decision

Legal Issues

  1. 1 Did the tribunal apply the correct legal test for unfair dismissal?
  2. 2 Was the dismissal reasonable in light of the evidence before the employer?
  3. 3 Did the employees have tacit approval to leave work early?

Ratio Decidendi

The tribunal erred by substituting its own factual findings for those of the employer and failing to properly apply the reasonable employer test; the matter must be remitted for reconsideration.

Court Disposition

decision set aside and remitted for rehearing

Orders

  • matter remitted to same tribunal for reconsideration with guidance on correct legal approach
  • employees not to be dismissed pending further hearing or settlement