Source: All England Reporter
Publisher Citation: [2013] All ER (D) 206 (Feb)
Court: Employment Appeal Tribunal

Slade J, Baroness Drake of Shene and Miss S Wilson

Representation Michael Rogers (instructed by the Direct Public Access Scheme) for the employee.
  Claire Darwin (instructed by the Watson Burton LLP Solicitors, Leeds) for the employer.
Judgment Dates: 10 October 2012


Unfair dismissal - Reasons justifying dismissal - Determination of whether employee acted reasonably - Redundancy - Employment tribunal finding employee's dismissal to be by way of redundancy but unfair - Tribunal deciding not to make order for reinstatement - Tribunal making monetary award to employee - Employee appealing against tribunal's decision not to make a re-engagement order - Whether tribunal erring - Date at which order for reinstatement to be judged - Whether employee's award should have been reduced.

The Case

Unfair dismissal Reasons justifying dismissal. The Employment Appeal Tribunal held, in upholding the appeal of an employee against, inter alia, the employment tribunal's decision not to make an order for his re-engagement at the employer company despite finding that his dismissal had been unfair, that the tribunal had failed to take into account relevant evidence in making its decision on the practicability of making such an order. Accordingly, the judgment of the tribunal not to make an order for re-engagement would be set aside.

Practice Areas

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