Mitchell v Portland Plant Hire Ltd [1993] UKEAT 165_92_1803 (18 March 1993)

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You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Mitchell v Portland Plant Hire Ltd [1993] UKEAT 165_92_1803 (18 March 1993)
URL: http://www.bailii.org/uk/cases/UKEAT/1993/165_92_1803.html
Cite as: [1993] UKEAT 165_92_1803

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    BAILII case number: [1993] UKEAT 165_92_1803

    Appeal No. EAT/165/92

    EMPOLYMENT APPEAL TRIBUNAL

    58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

    At the Tribunal

    On 18 March 1993

    Before

    HIS HONOUR JUDGE J PEPPITT QC

    MRS M E SUNDERLAND JP

    MR R TODD


    MR J MITCHELL          APPELLANT

    PORTLAND PLANT HIRE LTD          RESPONDENTS


    Transcript of Proceedings

    JUDGMENT

    PRELIMINARY HEARING

    Revised


     

    APPEARANCES

    For the Appellant MR P WALLINGTON

    (OF COUNSEL)

    MESSRS HOLLOWELL &

    BOLLAM

    EASTON CHAMBERS

    39 EASTON SQUARE

    PORTLAND

    DORSET DT5 1EB


     

    JUDGE PEPPITT QC: This is the preliminary hearing of an appeal from a decision of the Southampton Industrial Tribunal made on the 13th January 1992 holding that the appellant had not been unfairly dismissed.

    The facts can be stated shortly. The appellant had been employed by the respondents for some 12 years prior to his dismissal in March 1991 latterly as the skipper of the Lady Jane, one of two tugs which the respondents operated.

    In March 1991 the two tugs were required to embark upon a voyage which involved them towing four pontoons weighing between 160 and 180 tons from Portland Harbour to Dartmouth, a distance by open sea of some 50 miles. The applicant, as skipper of the Lady Jane, refused to co-operate notwithstanding that he was required by his employers to do so, giving no explanation of any sort for his refusal. He was then and there dismissed.

    Mr Wallington, on behalf of the applicant, in his amended Notice of Appeal, amplified by a Skeleton Argument which he has helpfully provided, attacks that dismissal on a number of grounds firstly relating to the safety of the voyage, having regard to what might be considered to be facts found by the Tribunal, secondly as to the reasonableness of the Respondents in accepting in the circumstances of this case, the applicant's refusal as grounds for dismissal and thirdly with regard to a number of what Mr Wallington describes as Procedural matters relating to the dismissal.

    We make no findings of any sort on any of those matters but we are unanimously of the view that the applicant should be given the opportunity to ventilate them at a full hearing and we order accordingly.


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URL: http://www.bailii.org/uk/cases/UKEAT/1993/165_92_1803.html