Way v Spectrum Property Care Ltd
| Jurisdiction | England & Wales |
| Judge | Lord Justice Underhill |
| Judgment Date | 20 November 2014 |
| Neutral Citation | [2014] EWCA Civ 1663 |
| Docket Number | Case No: A2/2014/1523 |
| Date | 20 November 2014 |
| Court | Court of Appeal (Civil Division) |
[2014] EWCA Civ 1663
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL
(HIS HONOUR JUDGE SHANKS)
Royal Courts of Justice
Strand
London, WC2A 2LL
Lord Justice Underhill
Case No: A2/2014/1523
Mr Alex Ustych appeared on behalf of the Appellant
The Respondent did not appear and was not represented
Order: Application granted
The appellant was dismissed for breach of the respondent's emails policy. In deciding to dismiss him rather than apply a lesser sanction, the respondent took into account an earlier final written warning in respect of a different kind of misconduct. He brought proceedings in the Employment Tribunal for unfair dismissal. Central to his appeal was the weight given, unfairly, to the earlier warning.
By a judgment sent to the parties on 7 August 2012, Employment Judge Kolanko sitting in Southampton dismissed his claim. An appeal to the Employment Appeal Tribunal before His Honour Judge Shanks was unsuccessful. The appellant has already been given permission to appeal by Sharp LJ on the papers in respect of one of the three grounds of appeal, namely ground 2, which concerns the refusal of the employment judge to hear evidence directed at the question whether the warning was given in bad faith.
The application before me initially sought permission in relation to the other two grounds. As regards ground 1, I agree with Sharp LJ that it is a little difficult to see what it adds to ground 2, but I think that in the circumstances of this case that is a reason for allowing it to proceed rather than the reverse and I would accordingly give permission in that respect.
Mr Ustych told me that he was not intending to renew the application as regards ground 3. I therefore need to say no more about that save that on my initial reading of the papers I did not think it very promising.
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