Source: All England Reporter
Publisher Citation: [2013] All ER (D) 207 (Aug)
Court: Employment Appeal Tribunal
Judge:

Slade J, Baroness Drake of Shene and Mr T Haywood

Representation Michael Salter (instructed by Quality Solicitors Hill & Abbott, Chelmsford) for the employee.
  Helen Gower (instructed by Thompsons Solicitors, Newcastle-upon-Tyne) for the employer.
Judgment Dates: 19 June 2013

Catchwords

Unfair dismissal - Determination whether dismissal fair or unfair - Redundancy - Employer dismissing employee on basis that downsizing of project required by fund providers - Employee alleging unfair dismissal - Employment tribunal upholding claim on basis that redundancy used as 'ruse' by employer - Whether tribunal's decision complying with requirement to give proper reasons for decision.

The Case

Unfair dismissal Determination whether dismissal fair or unfair. The Employment Appeal Tribunal (EAT) allowed the employer union's appeal against the decision of the employment tribunal that the employee had been unfairly dismissed. The EAT took the view that the tribunal's failure to ask and answer certain relevant questions meant that the tribunal's decision had not been compliant with the requirement to give proper reasons for a decision.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.