Washbrook v Quigley [1992] UKEAT 485_91_3010 (30 October 1992)

Washbrook v Quigley [1992] UKEAT 485_91_3010 (30 October 1992)

The Tribunal found the principal reason for dismissal was redundancy, not conduct, and that the procedure and selection criteria were not fair or reasonable. The Tribunal correctly applied the law in reducing compensation by 50% due to the chance that dismissal would have occurred even with proper procedure. No error of law was found in the Tribunal's decision.

Citation
[1992] UKEAT 485_91_3010
Parties
Appellant/respondent: Mr Washbrook; Respondent/applicant: Mr Quigley
Jurisdiction
United Kingdom
Judgment Date
30 October 1992
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Redundancy, Compensation Calculation, Procedural Fairness
Employment Law Unfair Dismissal Redundancy Compensation Calculation Procedural Fairness

Case Brief

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Parties

Mr Washbrook

Appellant/respondent

Mr Quigley

Respondent/applicant

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 What was the principal reason for Mr Quigley's dismissal?
  2. 2 Was the dismissal fair in terms of procedure and selection criteria?
  3. 3 Was the compensation correctly calculated according to legal principles?

Ratio Decidendi

The Tribunal found the principal reason for dismissal was redundancy, not conduct, and that the procedure and selection criteria were not fair or reasonable. The Tribunal correctly applied the law in reducing compensation by 50% due to the chance that dismissal would have occurred even with proper procedure. No error of law was found in the Tribunal's decision.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.