West Middlesex Hospitals NHS Trust v. Basley [2000] UKEAT 899_99_0412 (4 December 2000)

West Middlesex Hospitals NHS Trust v. Basley [2000] UKEAT 899_99_0412 (4 December 2000)

The review decision of 1 July 1999 was set aside because it failed to specify the ground for review, did not clearly confirm, vary, or revoke the original decision, and did not provide adequate reasons as required by law.

Source-derived case information.

Citation
[2000] UKEAT 899_99_0412
Parties
Appellant: West Middlesex Hospitals NHS Trust; Respondent: Mrs A E Basley
Jurisdiction
United Kingdom
Judgment Date
04 December 2000
Procedural Posture
Employment Appeal / Appeal From Review Decision of Employment Tribunal
Outcome
Appeal allowed; review decision of 1 July 1999 set aside.
Legal Topics
Employment Tribunal Procedure, Review of Tribunal Decisions, Disability Discrimination, Procedural Fairness
Employment Law Employment Tribunal Procedure Review of Tribunal Decisions Disability Discrimination Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

West Middlesex Hospitals NHS Trust

Appellant

Mrs A E Basley

Respondent

Procedural Posture

Employment Appeal / Appeal From Review Decision of Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal's review decision of 1 July 1999 was lawful
  2. 2 Whether the tribunal properly identified and applied the grounds for review under Rule 11(1)
  3. 3 Whether the tribunal's decision met the requirements for clarity and reasoning as per Meek v City of Birmingham District Council

Ratio Decidendi

The review decision of 1 July 1999 was set aside because it failed to specify the ground for review, did not clearly confirm, vary, or revoke the original decision, and did not provide adequate reasons as required by law.

Court Disposition

Appeal allowed; review decision of 1 July 1999 set aside.

Orders

  • The decision of 1 July 1999 is set aside.
  • A fresh hearing of the notice to show cause dated 10 February 1999 is to be arranged.