Simmette Ltd v Pedelty [1993] UKEAT 13_91_2004 (20 April 1993)

Simmette Ltd v Pedelty [1993] UKEAT 13_91_2004 (20 April 1993)

The evidence did not establish that Mrs Pedelty's dismissal was principally for trade union activities or at an appropriate time; the principal reason was redundancy, and the interim award was flawed due to insufficient evidence on both reason and timing.

Citation
[1993] UKEAT 13
Parties
Applicant/appellant: Mrs Pedelty; Respondent/appellant: Simmette Limited
Jurisdiction
United Kingdom
Judgment Date
20 April 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decisions (interim Award and Substantive Hearing)
Outcome
First appeal (interim award) allowed; second appeal (substantive hearing) dismissed.
Legal Topics
Unfair Dismissal, Trade Union Activities, Redundancy, Burden of Proof
Employment Law Unfair Dismissal Trade Union Activities Redundancy Burden of Proof

Case Brief

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Parties

Mrs Pedelty

Applicant/appellant

Simmette Limited

Respondent/appellant

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decisions (interim Award and Substantive Hearing)

Legal Issues

  1. 1 Was Mrs Pedelty unfairly dismissed for trade union activities under Section 58?
  2. 2 Was the dismissal at an 'appropriate time' as defined by statute?
  3. 3 Was the principal reason for dismissal redundancy or trade union activity?

Ratio Decidendi

The evidence did not establish that Mrs Pedelty's dismissal was principally for trade union activities or at an appropriate time; the principal reason was redundancy, and the interim award was flawed due to insufficient evidence on both reason and timing.

Court Disposition

First appeal (interim award) allowed; second appeal (substantive hearing) dismissed.

Orders

  • Interim award set aside.
  • Appeal against substantive hearing dismissed.