Stanley Cole (Wainfleet) Ltd. v Sheridan, Court of Appeal - Civil Division, July 25, 2003, [2003] ICR 1449,[2003] EWCA Civ 1046,[2003] 4 All ER 1181,[2003] IRLR 885

Reporting Judge: [2003] ICR 1449,[2003] EWCA Civ 1046,[2003] 4 All ER 1181,[2003] IRLR 885

President: Stanley Cole (Wainfleet) Ltd. v Sheridan

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Stanley Cole (Wainfleet) Ltd. v Sheridan, Court of Appeal - Civil Division, July 25, 2003, [2003] ICR 1449,[2003] EWCA Civ 1046,[2003] 4 All ER 1181,[2003] IRLR 885

Case No: A1/2002/2330 EATRF

Neutral Citation Number EWCA [2003] Civ.1046

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL

Royal Courts of Justice

Strand,

London, WC2A 2LL

Friday 25th July 2003

Before :

LORD JUSTICE WARD

LORD JUSTICE BUXTON

and

LORD JUSTICE MANCE

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Between :

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(Transcript of the Handed Down Judgment of

Smith Bernal Wordwave Limited, 190 Fleet Street

London EC4A 2AG

Tel No: 020 7421 4040, Fax No: 020 7831 8838

Official Shorthand Writers to the Court)

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Malcolm Cohen, Director, on behalf of the Appellant

Damian McCarthy instructed by the Respondent

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Judgment

As Approved by the Court

Lord Justice Ward :

The Issue.

1. This appeal raises the short but interesting point identified by Mr Recorder Langstaff Q.C., the Chairman of the Employment Appeal Tribunal, when giving permission to appeal:-

``The Court of Appeal may wish to consider the scope of the test to be applied to determine whether failure by a court or tribunal to alert advocates to a material, significant and relevant authority is such that an appeal on that ground should succeed.''

The background.

2. Mrs Sheridan, the respondent to this appeal, was employed by the appellant, Stanley Cole (Wainfleet) Ltd., a manufacturing company, from 14th August 1995 until she resigned, that resignation being treated as taking effect on 28th July 2000. She made a complaint to the Employment Tribunal in Nottingham alleging that she had been unfairly constructively dismissed.

3. The tribunal found that on Friday, 14th April 2000, she was one of four working in the Customer Services Department. She was approached by Mr Holyer, a recently promoted quality manager, about an order for one of her usual customers. There was a heated discussion...

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