Oil Ltd v Aldred [1993] UKEAT 755_92_1207 (12 July 1993)

Oil Ltd v Aldred [1993] UKEAT 755_92_1207 (12 July 1993)

It was open to the majority of the Industrial Tribunal to find, as a question of fact, that Mr Aldred was in Great Britain in accordance with instructions given by his employer, even if the instruction was not express but implicit in the circumstances. Therefore, the Tribunal's decision stands and the appeal is dismissed.

Citation
[1993] UKEAT 755_92_1207
Parties
Respondent / Applicant Below: Mr Aldred; Appellants / Respondent Below: Appellants (Employer)
Jurisdiction
United Kingdom
Judgment Date
12 July 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Redundancy Payment, Unfair Dismissal, Jurisdiction of Employment Tribunal, Section 141 Employment Protection (consolidation) Act 1978
Employment Law Redundancy Payment Unfair Dismissal Jurisdiction of Employment Tribunal Section 141 Employment Protection (consolidation) Act 1978

Case Brief

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Parties

Mr Aldred

Respondent / Applicant Below

Appellants (Employer)

Appellants / Respondent Below

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether Mr Aldred was in Great Britain in accordance with instructions given by his employer on the relevant date under section 141(4) of the Employment Protection (Consolidation) Act 1978
  2. 2 Whether Mr Aldred was entitled to a redundancy payment

Ratio Decidendi

It was open to the majority of the Industrial Tribunal to find, as a question of fact, that Mr Aldred was in Great Britain in accordance with instructions given by his employer, even if the instruction was not express but implicit in the circumstances. Therefore, the Tribunal's decision stands and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Industrial Tribunal stands.