Source: All England Reporter
Publisher Citation: [2013] All ER (D) 245 (Dec)
Court: Employment Appeal Tribunal

Judge Peter Clark

Representation Max Cole (instructed by Messrs OH Parsons & Partners Solicitors) for the employee.
  Andrew Burns (instructed by Eversheds LLP Solicitors, Manchester) for the employer.
Judgment Dates: 19 September 2013


Employment - Redundancy - Unfair dismissal - Employer being handler of ground services at Gatwick airport - Employer dismissing employees on basis of redundancy - Employee bringing proceedings for unfair dismissal - Employment tribunal finding dismissals unfair as no redundancy situation existing - Whether tribunal erring - Whether tribunal correctly stating and applying redundancy test - .

The Case

Employment Redundancy. Servisair UK Ltd dismissed certain employees on grounds of redundancy. The employees brought proceedings before the employment tribunal (the tribunal) which held that the dismissals had been unfair as there had been no redundancy situation and therefore no potentially fair reason for the employees' dismissals. Servisair appealed. The Employment Appeal Tribunal allowed the appeal on the basis that the tribunal judge had erred in her statement and application of the redundancy test as set out in Murray v Foyle Meats Ltd[1999] IRLR 562. The matter was remitted to be heard afresh by a new tribunal.

Practice Areas

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