Source: All England Reporter
Publisher Citation: [2014] All ER (D) 144 (Aug)
Court: Employment Appeal Tribunal
Judge:

Judge Stacey

Representation The employee appeared in person.
  David Morgan of Burness Paul LLP, Glasgow for the employer.
Judgment Dates: 21 March 2014

Catchwords

Redundancy - Dismissal by way of redundancy - Cessation of or diminution in requirements of business for employees to carry out work of a particular kind - Employee being made redundant - Employment tribunal finding employee's dismissal unfair - Employer contending tribunal applying wrong test in determining reason for employee's dismissal - Whether tribunal erring - , , .

The Case

Redundancy Dismissal by way of redundancy. The employee had been dismissed ostensibly for redundancy. The employer appealed against the finding by the employment tribunal that the employee had been unfairly dismissed, contending that the tribunal had applied the wrong test in determining the reason for the employee's dismissal. The Employment Appeal Tribunal, in allowing the employer's appeal, ruled that, on the facts found, the dismissal had been for redundancy. Accordingly, the tribunal had applied the wrong test and the case was remitted to the same tribunal to consider the provisions of of the Employment Rights Act 1996.

Practice Areas

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