Hearing evidence

Case 4: The facts

Jean Logan resigned claiming constructive dismissal, due to her employer's failure to deal with her anxiety over working with a particular manager. She gave her evidence at a tribunal, after which the employer submitted that there was no case to answer. The tribunal ruled against her. She appealed to the EAT and won. The employers appealed to the Court of Appeal.

The ruling

The Court of Appeal held that submissions of no case to answer are dangerous to make and to allow, and that they should be rare to make and rare to succeed. The tribunal should have heard the employer's evidence first and then decided whether there really was no case to answer.

Logan v Commissioners of Customs and Excise [2004] IRLR 63