MRS MARY JANE DALGETY BARN v J M HODGE & SON [2002] UKEAT 0004_02_2509
[1]APPEARANCES For the Appellant Mr K M Glass, Solicitor Of- Messrs Blackadders Solicitors 30 & 34 Reform Street DUNDEE DD1 1RJ For the Respondents Mr S J Lafferty, Solicitor Of- Messrs J M Hodge & Son Solicitors 28 Wellmeadow BLAIRGOWRIE PH10 6AX LORD JOHNSTON: This appeal and cross-appeal raise separate issues, the latter being concerned with whether there was a dismissal and the former being concerned, essentially, with issues of compensation and contribution.[2]At the outset of the hearing before us, Mr Glass, who appeared for the appellant employee, informed us that after discussion with his opponent, they were essentially agreed that the reasoning of the Tribunal was defective in the sense that it contained no adequate basis for an assessment of credibility, particularly, of the appellant and Mr Hodge, which was critical to the whole question of what happened between the parties. Mr Glass accepted that he was in a difficult position to resist the cross-appeal.[3]We are in complete sympathy with this approach since it is apparent to us that serious credibility issues have not been addressed with adequate reasoning by the Tribunal, and therefore the decision cannot stand in the interests of justice.[4]In these circumstances we will allow the cross-appeal and remit the matter for a further hearing on all matters before a freshly constituted Tribunal.