A C M Bearings Ltd v. Noble [2001] UKEAT 602_01_2111 (21 November 2001)

A C M Bearings Ltd v. Noble [2001] UKEAT 602_01_2111 (21 November 2001)

The grounds of appeal are arguable on four points: application of the Burchell test, consideration of applicant's failure to give evidence, proper direction on burden of proof, and cumulative consideration of allegations.

Source-derived case information.

Citation
[2001] UKEAT 602_01_2111
Parties
Appellant: Unknown Appellant; Respondent: Unknown Respondent
Jurisdiction
United Kingdom
Judgment Date
21 November 2001
Procedural Posture
Appeal / Preliminary Hearing
Outcome
Permission to appeal granted; case to proceed to full hearing.
Legal Topics
Unfair Dismissal, Burden of Proof, Tribunal Procedure
Employment Law Unfair Dismissal Burden of Proof Tribunal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Unknown Appellant

Appellant

Unknown Respondent

Respondent

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Tribunal applied the correct legal test for unfair dismissal
  2. 2 Whether the Tribunal properly considered the significance of the Applicant not giving evidence
  3. 3 Whether the Tribunal misapplied the burden of proof

Ratio Decidendi

The grounds of appeal are arguable on four points: application of the Burchell test, consideration of applicant's failure to give evidence, proper direction on burden of proof, and cumulative consideration of allegations.

Court Disposition

Permission to appeal granted; case to proceed to full hearing.

Orders

  • Category C case; time estimate half a day.
  • No need for Chairman's notes.