Devon Primary Care Trust v Readman [2013] EWCA Civ 1110 (06 February 2013)

Devon Primary Care Trust v Readman [2013] EWCA Civ 1110 (06 February 2013)

The Employment Tribunal erred in law by failing to address the core reason for the respondent's refusal and inadequately analyzing the relevance of emigration plans and redundancy benefits. The EAT was not entitled to substitute its own view; the case must be remitted to the Tribunal for proper fact-finding and application of the correct legal test.

Citation
[2013] EWCA Civ 1110
Parties
Appellant: Devon Primary Care Trust; Respondent: Readman
Jurisdiction
England and Wales
Judgment Date
06 February 2013
Procedural Posture
Employment Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal allowed
Legal Topics
Redundancy, Suitable Alternative Employment, Reasonableness of Refusal, Statutory Redundancy Payment
Employment Law Redundancy Suitable Alternative Employment Reasonableness of Refusal Statutory Redundancy Payment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Devon Primary Care Trust

Appellant

Readman

Respondent

Procedural Posture

Employment Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in its consideration of the reasonableness of the respondent's refusal of suitable alternative employment under section 141 of the Employment Rights Act 1996
  2. 2 Whether the Employment Appeal Tribunal was entitled to substitute its own view or should have remitted the case to the Tribunal

Ratio Decidendi

The Employment Tribunal erred in law by failing to address the core reason for the respondent's refusal and inadequately analyzing the relevance of emigration plans and redundancy benefits. The EAT was not entitled to substitute its own view; the case must be remitted to the Tribunal for proper fact-finding and application of the correct legal test.

Court Disposition

Appeal allowed

Orders

  • Case remitted to the Employment Tribunal for reconsideration