Walker Brothers (Galvanising) Ltd v Khan [1993] UKEAT 175_91_1501 (15 January 1993)

Walker Brothers (Galvanising) Ltd v Khan [1993] UKEAT 175_91_1501 (15 January 1993)

The Industrial Tribunal failed to provide adequate reasons for its decision not to reduce the special award under section 75A(5)(b), as it did not specify whether the refusal was reasonable, whether the offer complied with statutory requirements, or both. The compensatory award of 26 weeks was a factual matter within the Tribunal's discretion and not appealable.

Citation
[1993] UKEAT 175_91_1501
Parties
Respondent / Applicant Before Industrial Tribunal: Ali Khan; Appellant / Respondent Before Industrial Tribunal: Unknown (Employer)
Jurisdiction
United Kingdom
Judgment Date
15 January 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Unfair Dismissal, Trade Union Membership, Special Award, Reinstatement, Reasonableness of Refusal, Compensatory Award
Employment Law Unfair Dismissal Trade Union Membership Special Award Reinstatement Reasonableness of Refusal Compensatory Award

Case Brief

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Parties

Ali Khan

Respondent / Applicant Before Industrial Tribunal

Unknown (Employer)

Appellant / Respondent Before Industrial Tribunal

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal gave adequate reasons for not reducing the special award under section 75A(5)(b) of the Employment Protection (Consolidation) Act 1978
  2. 2 Whether the compensatory award of 26 weeks' loss of earnings was wrong in law

Ratio Decidendi

The Industrial Tribunal failed to provide adequate reasons for its decision not to reduce the special award under section 75A(5)(b), as it did not specify whether the refusal was reasonable, whether the offer complied with statutory requirements, or both. The compensatory award of 26 weeks was a factual matter within the Tribunal's discretion and not appealable.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Remit the issue of the special award to the Industrial Tribunal for reconsideration with adequate reasons.
  • Compensatory award of 26 weeks' loss of earnings upheld.