Aptuit (Edinburgh) Ltd v. Kennedy [2007] UKEAT 0057_06_0407 (4 July 2007)

Aptuit (Edinburgh) Ltd v. Kennedy [2007] UKEAT 0057_06_0407 (4 July 2007)

The Tribunal erred in law by failing to put the respondents on notice regarding the issue of notification of the right of appeal, misapplying the statutory test for unfair dismissal, failing to justify the uplift and loss of earnings awards, and inadequately explaining findings on consultation. The appeal is upheld and the case remitted for rehearing before a new Tribunal.

Citation
[2007] UKEAT 0057_06_0407
Parties
Claimant: Mr I Kennedy; Respondents: Unknown Respondents (Employers)
Jurisdiction
United Kingdom
Judgment Date
04 July 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Tribunal decision set aside; case remitted for rehearing before a new Tribunal.
Legal Topics
Unfair Dismissal, Redundancy, Statutory Dismissal Procedures, Right of Appeal, Compensation, Procedural Fairness
Employment Law Unfair Dismissal Redundancy Statutory Dismissal Procedures Right of Appeal Compensation Procedural Fairness

Case Brief

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Parties

Mr I Kennedy

Claimant

Unknown Respondents (Employers)

Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the dismissal was automatically unfair due to failure to notify the claimant of her right of appeal
  2. 2 Whether the dismissal was unfair due to lack of consultation and failure to seek alternative employment
  3. 3 Whether the Tribunal erred in law in its findings and award of compensation

Ratio Decidendi

The Tribunal erred in law by failing to put the respondents on notice regarding the issue of notification of the right of appeal, misapplying the statutory test for unfair dismissal, failing to justify the uplift and loss of earnings awards, and inadequately explaining findings on consultation. The appeal is upheld and the case remitted for rehearing before a new Tribunal.

Court Disposition

Appeal allowed; Tribunal decision set aside; case remitted for rehearing before a new Tribunal.

Orders

  • Appeal upheld
  • Case remitted to a freshly constituted Tribunal for rehearing