Warner v Microsystems (Slough) Ltd & Anor [1996] UKEAT 1041_95_1610 (16 October 1996)

Warner v Microsystems (Slough) Ltd & Anor [1996] UKEAT 1041_95_1610 (16 October 1996)

The tribunal was entitled to find that the dismissal was for redundancy, an economic reason, and that consultation would have been futile given the circumstances. The dismissal was therefore fair and the appellant's claim fails.

Citation
[1996] UKEAT 1041_95_1610
Parties
Appellant: Appellant; Respondent: First Respondents; Respondent: Second Respondents
Jurisdiction
United Kingdom
Judgment Date
16 October 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Redundancy, Transfer of Undertakings, Fair Dismissal, Consultation Requirements
Employment Law Redundancy Transfer of Undertakings Fair Dismissal Consultation Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Appellant

Appellant

First Respondents

Respondent

Second Respondents

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Was the appellant's dismissal causally connected to the transfer of undertaking?
  2. 2 Was the dismissal for redundancy fair despite lack of consultation?
  3. 3 Does Regulation 8(1) of the Transfer of Undertaking Regulations 1981 render the dismissal automatically unfair unless an ETO reason applies?

Ratio Decidendi

The tribunal was entitled to find that the dismissal was for redundancy, an economic reason, and that consultation would have been futile given the circumstances. The dismissal was therefore fair and the appellant's claim fails.

Court Disposition

appeal dismissed

Orders

  • appellant's claim against respondents dismissed