EAT Redundancy
Chairman issued judgment dismissing Claimant’s application for a statutory redundancy payment prior to last date for lodging written submissions. Brief reasons issued almost five months later. Parties at issue as to whether or not Claimant redundant, if so, whether or not she was dismissed by reason of redundancy and whether or not she refused an offer of suitable alternative employment. The Tribunal said that the Claimant was not redundant without addressing the relevant legal issues. Appeal upheld. The timing of issuing of the judgment was indicative of a failure by the Tribunal at the outset, to follow its judicial function. Further the Tribunal’s reasons were not Meek compliant. In particular, they failed to identify the issues between the parties and to address those issues. They failed to make findings of fact relevant to those issues. The reference to the relevant statutory provisions was cursory and did not show any appreciation of their implications for the case and there was no attempt to explain how the relevant law and the facts of the case led to the result. Observations on the approach in law that ought to have been followed in the light of the redundancy issues in the case.
Judges:
Lady Smith
Citations:
[2007] UKEAT 0066 – 06 – 0808
Links:
Employment
Updated: 12 July 2022; Ref: scu.259819