Baxter & Ors V Limb Group Of Companies [1994] EWCA Civ 29 (30 June 1994)

Baxter & Ors V Limb Group Of Companies [1994] EWCA Civ 29 (30 June 1994)

The dismissals were caused by the employees' participation in industrial action, not by redundancy; the existence of a redundancy situation did not make redundancy the reason for dismissal. The Industrial Tribunal erred in law by failing to relate its findings of fact to the correct legal question of causation.

Citation
[1994] EWCA Civ 29
Parties
Appellants: Baxter & Others; Respondents: Limb Group of Companies
Jurisdiction
England and Wales
Judgment Date
30 June 1994
Procedural Posture
Appeal From Employment Tribunal / Court of Appeal (civil Division)
Outcome
Appeal dismissed. Cross-appeal allowed.
Legal Topics
Redundancy, Unfair Dismissal, Industrial Action, Employment Termination, Statutory Redundancy Payments
Employment Law Redundancy Unfair Dismissal Industrial Action Employment Termination Statutory Redundancy Payments

Case Brief

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Parties

Baxter & Others

Appellants

Limb Group of Companies

Respondents

Procedural Posture

Appeal From Employment Tribunal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the dismissal of the employees was by reason of redundancy or participation in industrial action
  2. 2 Whether the Industrial Tribunal erred in law in its reasoning and findings

Ratio Decidendi

The dismissals were caused by the employees' participation in industrial action, not by redundancy; the existence of a redundancy situation did not make redundancy the reason for dismissal. The Industrial Tribunal erred in law by failing to relate its findings of fact to the correct legal question of causation.

Court Disposition

Appeal dismissed. Cross-appeal allowed.

Orders

  • Order of Employment Appeal Tribunal set aside.
  • Application of appellants to the Industrial Tribunal dismissed.