Apex Charitable Trust Ltd v Etheridge [2003] UKEAT 0360_02_1302 (13 February 2003)

Apex Charitable Trust Ltd v Etheridge [2003] UKEAT 0360_02_1302 (13 February 2003)

The Tribunal failed to consider whether Apex acted reasonably in deciding not to consult Mr Etheridge about the National Operations Manager vacancy on the basis that he was unsuitable for it. The correct question is whether Apex's view that consultation would be futile was reasonable; if so, the dismissal may be fair despite lack of consultation.

Citation
[2003] UKEAT 0360_02_1302
Parties
Appellant: Apex Charitable Trust Ltd; Respondent: Mr S T Etheridge
Jurisdiction
United Kingdom
Judgment Date
13 February 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision on Unfair Dismissal
Outcome
Appeal allowed; matter remitted for rehearing.
Legal Topics
Unfair Dismissal, Redundancy, Consultation Requirements, Procedural Fairness
Employment Law Unfair Dismissal Redundancy Consultation Requirements Procedural Fairness

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Parties

Apex Charitable Trust Ltd

Appellant

Mr S T Etheridge

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision on Unfair Dismissal

Legal Issues

  1. 1 Whether the dismissal of Mr Etheridge was unfair due to insufficient consultation regarding redundancy and alternative employment within Apex

Ratio Decidendi

The Tribunal failed to consider whether Apex acted reasonably in deciding not to consult Mr Etheridge about the National Operations Manager vacancy on the basis that he was unsuitable for it. The correct question is whether Apex's view that consultation would be futile was reasonable; if so, the dismissal may be fair despite lack of consultation.

Court Disposition

Appeal allowed; matter remitted for rehearing.

Orders

  • The appeal is allowed.
  • The matter is remitted to the same Employment Tribunal (or an alternative Tribunal if impracticable) for rehearing on whether Apex reasonably considered consultation about the vacancy with Mr Etheridge would be futile and, if so, whether the dismissal was fair.