Smiths Industries Aerospace & Defence Systems v Rawlings [1996] UKEAT 1172_95_0108 (1 August 1996)

Smiths Industries Aerospace & Defence Systems v Rawlings [1996] UKEAT 1172_95_0108 (1 August 1996)

The tribunal erred in rewriting the employer's redundancy selection criteria to include health and safety duties. Health and safety representative activities do not form part of contractual employment duties and should not be assessed in redundancy selection. There was no breach of Sections 57A and 59 of the 1978 Act, and no free-standing right arises from Article 11(4) of the Directive.

Citation
[1996] UKEAT 1172_95_0108
Parties
Appellant (employee): Mr Rawlings; Respondent (employer): Smith Industries Aerospace and Defence Systems Ltd
Jurisdiction
United Kingdom
Judgment Date
01 August 1996
Procedural Posture
Employment Appeal Tribunal / Appeal Against Industrial Tribunal Decision
Outcome
Appeal by employer allowed; appeal by employee dismissed; finding of unfair dismissal reversed; dismissal declared fair.
Legal Topics
Unfair Dismissal, Redundancy, Health and Safety Representatives, Trade Union Activities
Employment Law Unfair Dismissal Redundancy Health and Safety Representatives Trade Union Activities

Case Brief

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Parties

Mr Rawlings

Appellant (employee)

Smith Industries Aerospace and Defence Systems Ltd

Respondent (employer)

Procedural Posture

Employment Appeal Tribunal / Appeal Against Industrial Tribunal Decision

Legal Issues

  1. 1 Whether dismissal of Mr Rawlings was unfair due to disregard of health and safety duties in redundancy selection
  2. 2 Whether health and safety representative duties should be considered in redundancy selection criteria
  3. 3 Whether Article 11(4) of Directive 89/391 confers a free-standing right of action

Ratio Decidendi

The tribunal erred in rewriting the employer's redundancy selection criteria to include health and safety duties. Health and safety representative activities do not form part of contractual employment duties and should not be assessed in redundancy selection. There was no breach of Sections 57A and 59 of the 1978 Act, and no free-standing right arises from Article 11(4) of the Directive.

Court Disposition

Appeal by employer allowed; appeal by employee dismissed; finding of unfair dismissal reversed; dismissal declared fair.

Orders

  • Employer's appeal allowed
  • Employee's appeal dismissed