Z v Special Hospitals Service Authority (Ashworth Hospital) [1995] UKEAT 1234_94_1005 (10 May 1995)

Z v Special Hospitals Service Authority (Ashworth Hospital) [1995] UKEAT 1234_94_1005 (10 May 1995)

The appeal should proceed to a full hearing because there is an arguable legal point as to whether the Tribunal was entitled in law to conclude that the investigation was reasonable given the appellant's denial of access to witnesses.

Citation
[1995] UKEAT 1234_94_1005
Parties
Appellant: Unknown (Appellant)
Jurisdiction
United Kingdom
Judgment Date
10 May 1995
Procedural Posture
Employment Appeal Tribunal / Preliminary Hearing
Outcome
Appeal allowed to proceed to full hearing
Legal Topics
Disciplinary Proceedings, Right to Fair Investigation, Access to Witnesses
Employment Law Disciplinary Proceedings Right to Fair Investigation Access to Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Unknown (Appellant)

Appellant

Procedural Posture

Employment Appeal Tribunal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Tribunal erred in law by concluding there was a reasonable investigation when the appellant was denied access to witnesses before and during the disciplinary hearing.

Ratio Decidendi

The appeal should proceed to a full hearing because there is an arguable legal point as to whether the Tribunal was entitled in law to conclude that the investigation was reasonable given the appellant's denial of access to witnesses.

Court Disposition

Appeal allowed to proceed to full hearing

Orders

  • The appeal is directed to proceed to a full hearing on the identified legal point.