Clark v. Fahrenheit 451 (Communications) Ltd [2000] UKEAT 591_99_0606 (6 June 2000)

Clark v. Fahrenheit 451 (Communications) Ltd [2000] UKEAT 591_99_0606 (6 June 2000)

The Employment Tribunal erred by failing to properly weigh the appellant's seniority and status and by wrongly considering the company's financial state as a factor in determining reasonable notice. The correct period of reasonable notice, balancing the appellant's position, the company's size, and the short duration of employment, is three months.

Citation
[2000] UKEAT 591_99_0606
Parties
Advocate for Appellant: Miss Claire Andrews; Solicitors for Appellant: Messrs Monier-Williams & Boxalls; Advocate for Respondents: Ms S Cheetham; Solicitors for Respondents: Messrs Oury Clark
Jurisdiction
United Kingdom
Judgment Date
06 June 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part
Legal Topics
Wrongful Dismissal, Reasonable Notice, Implied Terms, Employment Contracts
Employment Law Contract Law Wrongful Dismissal Reasonable Notice Implied Terms Employment Contracts

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Parties

Miss Claire Andrews

Advocate for Appellant

Messrs Monier-Williams & Boxalls

Solicitors for Appellant

Ms S Cheetham

Advocate for Respondents

Messrs Oury Clark

Solicitors for Respondents

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 What is the reasonable period of notice implied into the appellant's contract of employment?
  2. 2 Did the Employment Tribunal err in its assessment of reasonable notice?

Ratio Decidendi

The Employment Tribunal erred by failing to properly weigh the appellant's seniority and status and by wrongly considering the company's financial state as a factor in determining reasonable notice. The correct period of reasonable notice, balancing the appellant's position, the company's size, and the short duration of employment, is three months.

Court Disposition

Appeal allowed in part

Orders

  • The appellant is entitled to compensation equivalent to three months' notice, less any amount already awarded for pay in lieu of notice.