M Jarosinski v Nestle UK Ltd
[2023] EAT 157
Ofsted v Andrew Hewston
13 March 2024
[2024] EWCA Civ 410
Court of Appeal
Someone was unfairly fired, and a lower court overturned the original decision. A higher court now says there's a good chance the original decision was wrong and will hear the case properly, with judges who know employment law. The whole thing is expected to take one day.
Key Facts
- •Application for permission to appeal against an Employment Tribunal decision.
- •Respondent (Andrew Hewston) was unfairly dismissed from his position as an Inspector.
- •Employment Appeal Tribunal (EAT) overturned the Employment Tribunal's decision.
- •Three grounds of appeal: (1) Whether the EAT correctly concluded the dismissal fell outside the band of reasonable responses; (2) Alleged procedural defects in the dismissal process; (3) Whether the EAT should have remitted the unfair dismissal question to the ET.
Legal Principles
The Court of Appeal's role in permission to appeal applications is to determine whether there is a real prospect of success, not to decide the appeal's merits.
Court of Appeal judgment
Test for unfair dismissal involves considering whether the dismissal falls within the band of reasonable responses.
Implicit in the grounds of appeal
Outcomes
Permission to appeal granted on all three grounds.
The Court of Appeal found a real prospect of success on all three grounds of appeal.
Appeal to be heard by three Lord Justices, at least one with employment law expertise.
To ensure appropriate expertise in handling the appeal.
Time estimate for appeal set at one day.
Agreed upon by both parties.