Oakley & Ors v. Kvaerner Redpath Engineering Services [2001] UKEAT 1278_99_2404 (24 April 2001)

Oakley & Ors v. Kvaerner Redpath Engineering Services [2001] UKEAT 1278_99_2404 (24 April 2001)

The tribunal failed to make clear and precise findings on whether the correct test of 'reasonably practicable' was applied and did not adequately address the impact of management's statements on the applicants' understanding of their employment status. The appeal is allowed and the matter remitted for reconsideration by a new tribunal.

Citation
[2001] UKEAT 1278_99_2404
Parties
Appellants: Mr Ian Oakley and 17 former employees; Respondents: Respondent company (not named)
Jurisdiction
United Kingdom
Judgment Date
24 April 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; case remitted for rehearing by a new tribunal.
Legal Topics
Unfair Dismissal, Redundancy, Limitation Periods, Reasonably Practicable Test
Employment Law Unfair Dismissal Redundancy Limitation Periods Reasonably Practicable Test

Case Brief

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Parties

Mr Ian Oakley and 17 former employees

Appellants

Respondent company (not named)

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the claims for unfair dismissal and breach of contract were presented within the statutory time limits
  2. 2 Whether it was reasonably practicable for the applicants to present their claims in time
  3. 3 Whether misrepresentations by the employer affected the applicants' understanding of their employment status

Ratio Decidendi

The tribunal failed to make clear and precise findings on whether the correct test of 'reasonably practicable' was applied and did not adequately address the impact of management's statements on the applicants' understanding of their employment status. The appeal is allowed and the matter remitted for reconsideration by a new tribunal.

Court Disposition

Appeal allowed; case remitted for rehearing by a new tribunal.

Orders

  • The matter is remitted to a new tribunal to reconsider the case afresh.