Devon Primary Care Trust v Readman

Devon Primary Care Trust v Readman

The Employment Tribunal erred in law by inadequately addressing the central reason for refusal and failing to properly apply the subjective test; however, the EAT was not entitled to substitute its own view and should have remitted the case for reconsideration by the Tribunal.

Parties
Appellant: Devon Primary Care Trust; Respondent: SB Readman
Jurisdiction
England and Wales
Judgment Date
06 February 2013
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal
Outcome
appeal allowed
Legal Topics
Redundancy Payment, Suitable Alternative Employment, Reasonableness of Refusal, Statutory Interpretation
Employment Law Redundancy Payment Suitable Alternative Employment Reasonableness of Refusal Statutory Interpretation

Case Brief

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Parties

Devon Primary Care Trust

Appellant

SB Readman

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal

Legal Issues

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

Ratio Decidendi

The Employment Tribunal erred in law by inadequately addressing the central reason for refusal and failing to properly apply the subjective test; however, the EAT was not entitled to substitute its own view and should have remitted the case for reconsideration by the Tribunal.

Court Disposition

appeal allowed

Orders

  • case remitted to Employment Tribunal for reconsideration