A number of shipyard workers were dismissed by their employers but believed credibly that there was a realistic prospect that they might be re-employed. Only later did it come to their knowledge that the shipyard at which they worked was to close down. The employer appealed a decision allowing the claims to go ahead out of time. Only then did they present their complaints to an Industrial Tribunal.
Held: It had not been reasonably practicable for the claimants to complain of unfair dismissal until the closure of the business (which occurred after the three-month time limit has passed) but it was reasonable for the claims to have been brought within 2 weeks of the date of closure. The fact that the company closed shortly after making redundancies may properly allow the capping of the compensatory award for unfair dismissal for redundancy on that first round.
Neill LJ said: ‘As has been emphasised in the authorities, the expression ‘reasonably practicable’ must be looked at in a common sense way.’
Judges:
Neill LJ, Farquharson LJ, Sir Roger Ormrod
Citations:
[1990] ICR 716, [1990] IRLR 386
Jurisdiction:
England and Wales
Cited by:
Cited – Software 2000 Ltd v Andrews etc EAT 17-Jan-2007
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the . .
Lists of cited by and citing cases may be incomplete.
Employment, Damages
Updated: 18 June 2022; Ref: scu.268118