Ede v Aylsham Motor Co Ltd [1995] UKEAT 376_94_0305 (3 May 1995)

Ede v Aylsham Motor Co Ltd [1995] UKEAT 376_94_0305 (3 May 1995)

The Tribunal erred in law by not applying the 'percentage' approach to compensation, given its own findings that there was some prospect, albeit less than 50%, that consultation might have resulted in the Applicant retaining employment.

Citation
[1995] UKEAT 376_94_0305
Parties
Appellant: Applicant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
03 May 1995
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed; case remitted to the same Tribunal for reassessment of compensation.
Legal Topics
Redundancy, Unfair Dismissal, Compensation Assessment, Consultation Duty
Employment Law Redundancy Unfair Dismissal Compensation Assessment Consultation Duty

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in failing to assess compensation based on the chance that proper consultation would have enabled the Applicant to retain employment

Ratio Decidendi

The Tribunal erred in law by not applying the 'percentage' approach to compensation, given its own findings that there was some prospect, albeit less than 50%, that consultation might have resulted in the Applicant retaining employment.

Court Disposition

Appeal allowed; case remitted to the same Tribunal for reassessment of compensation.

Orders

  • Remit to the same Tribunal to assess compensation in accordance with the percentage chance of consultation succeeding.