Source: All England Reporter
Publisher Citation: [2002] All ER (D) 223 (Nov)
Court: Employment Appeal Tribunal

Judge Peter Clark, Mr C Edwards and Mrs J Matthias

Representation Charles Ciumei (instructed by Doyle Clayton) for the employee.
  Roger Harper (instructed by Burroughs Day, Clifton) for the employer.
Judgment Dates: 30 October 2002


Employment - Unfair dismissal - Employer's disciplinary procedure - Estoppel.

The Case

The employment tribunal erred in holding that the employee was estopped from relying on an old disciplinary procedure which had been unilaterally replaced by a new one, insofar as it implicitly found that the employee had made a clear and unequivocal representation to the council that he would not seek to rely on his contractual right to the old procedure.

Practice Areas

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