Lambe v 186K Ltd.

Lambe v 186K Ltd.

The dismissal was for genuine redundancy and, although the process was procedurally unfair due to inadequate consultation, the tribunal was entitled to find that the outcome would have been the same after a reasonable consultation period. The tribunal's limitation of compensation to seven weeks' pay was justified. However, the tribunal failed to properly address whether the appellant was misled regarding his pension rights, which constituted an error of law requiring remission of that issue for rehearing.

Parties
Appellant: Mr William Anthony Lambe; Respondent: 186K LTD
Jurisdiction
England and Wales
Judgment Date
29 July 2004
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed in part; dismissed in part
Legal Topics
Unfair Dismissal, Redundancy, Consultation Requirements, Compensation, Pension Rights
Employment Law Unfair Dismissal Redundancy Consultation Requirements Compensation Pension Rights

Case Brief

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Parties

Mr William Anthony Lambe

Appellant

186K LTD

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the appellant's dismissal was a genuine redundancy under ERA 1996 section 139
  2. 2 Whether the redundancy process and selection were fair and reasonable under ERA 1996 section 98(4)
  3. 3 Whether the appellant was misled regarding his pension rights upon dismissal

Ratio Decidendi

The dismissal was for genuine redundancy and, although the process was procedurally unfair due to inadequate consultation, the tribunal was entitled to find that the outcome would have been the same after a reasonable consultation period. The tribunal's limitation of compensation to seven weeks' pay was justified. However, the tribunal failed to properly address whether the appellant was misled regarding his pension rights, which constituted an error of law requiring remission of that issue for rehearing.

Court Disposition

Appeal allowed in part; dismissed in part

Orders

  • The appeal is allowed to the limited extent of remitting the pension issue to the Employment Tribunal for rehearing.
  • The remainder of the appeal is dismissed.