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 Tribunal found the principal reason for Mrs Pedelty's dismissal was redundancy, not trade union activity. There was insufficient evidence that the relevant conduct occurred at an 'appropriate time' as required by Section 58. The interim award was flawed due to lack of evidence and improper application of the likelihood standard.

Citation
[1993] UKEAT 13_91_2004
Parties
Applicant/appellant: Mrs Pedelty; Respondent/appellant: Simmette Limited
Jurisdiction
United Kingdom
Judgment Date
20 April 1993
Procedural Posture
Employment Appeal Tribunal / 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 Tribunal / Appeal From Industrial Tribunal Decisions (interim Award and Substantive Hearing)

Legal Issues

  1. 1 Was Mrs Pedelty unfairly dismissed under Section 58 for trade union activities or membership?
  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 Tribunal found the principal reason for Mrs Pedelty's dismissal was redundancy, not trade union activity. There was insufficient evidence that the relevant conduct occurred at an 'appropriate time' as required by Section 58. The interim award was flawed due to lack of evidence and improper application of the likelihood standard.

Court Disposition

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

Orders

  • Interim award set aside; continuation of employment order ceases.
  • Appeal against substantive hearing dismissed.