Jones v. Mem Marketing Retail Services [2008] UKEAT 0375_07_2801 (28 January 2008)

Jones v. Mem Marketing Retail Services [2008] UKEAT 0375_07_2801 (28 January 2008)

The Claimant was fairly dismissed for redundancy as all Area Field Manager posts were eliminated, she was offered suitable alternative employment which she unreasonably refused, and any procedural deficiencies did not render the dismissal unfair or automatically unfair under the statutory procedures.

Citation
[2008] UKEAT 0375_07_2801
Parties
Appellant/claimant: Ms Jones; Respondent/employer: Employment Integration
Jurisdiction
United Kingdom
Judgment Date
28 January 2008
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Redundancy, Reasonableness of Dismissal, Suitable Alternative Employment, Statutory Dismissal Procedures
Employment Law Unfair Dismissal Redundancy Reasonableness of Dismissal Suitable Alternative Employment Statutory Dismissal Procedures

Case Brief

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Parties

Ms Jones

Appellant/claimant

Employment Integration

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the dismissal of the Claimant was fair for redundancy under section 98 of the Employment Rights Act 1996
  2. 2 Whether the Claimant was unreasonably refused suitable alternative employment under section 141 of the Employment Rights Act 1996
  3. 3 Whether the employer failed to comply with statutory dismissal procedures under the Employment Act 2002

Ratio Decidendi

The Claimant was fairly dismissed for redundancy as all Area Field Manager posts were eliminated, she was offered suitable alternative employment which she unreasonably refused, and any procedural deficiencies did not render the dismissal unfair or automatically unfair under the statutory procedures.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.