Gestetner Manufacturing Ltd v Braithwaite [1996] UKEAT 701_95_0805 (8 May 1996)

Gestetner Manufacturing Ltd v Braithwaite [1996] UKEAT 701_95_0805 (8 May 1996)

The tribunal erred by substituting its own view for that of the employer regarding the details of the selection criteria and by engaging in an over-minute investigation of the process, rather than assessing whether the employer's actions fell within the range of reasonable responses. Consideration of previous...

Source-derived case information.

Citation
[1996] UKEAT 701_95_0805
Parties
Appellant: Appellants; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
08 May 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal allowed
Legal Topics
Redundancy, Unfair Dismissal, Selection Criteria, Industrial Tribunal Procedure
Employment Law Redundancy Unfair Dismissal Selection Criteria Industrial Tribunal Procedure

Source-derived case record

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 6 Party arguments 2
Sign in to unlock

Parties

Appellants

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the industrial tribunal erred in finding the respondent was unfairly dismissed due to the application of selection criteria for redundancy
  2. 2 Whether the tribunal substituted its own view for that of the employer regarding selection criteria
  3. 3 Whether consideration of previous redundancy scoring methods was relevant

Ratio Decidendi

The tribunal erred by substituting its own view for that of the employer regarding the details of the selection criteria and by engaging in an over-minute investigation of the process, rather than assessing whether the employer's actions fell within the range of reasonable responses. Consideration of previous redundancy procedures was not relevant to the fairness of the current dismissal.

Court Disposition

appeal allowed

Orders

  • case remitted to a new tribunal for rehearing