B & Q Ltd v Capon [1996] UKEAT 1138_95_0410 (4 October 1996)

B & Q Ltd v Capon [1996] UKEAT 1138_95_0410 (4 October 1996)

The Industrial Tribunal applied the wrong legal test by focusing on diminution of work rather than the business's requirements for employees; on the Tribunal's own findings, there was a total reorganisation resulting in diminished requirements for employees, constituting redundancy.

Citation
[1996] UKEAT 1138_95_0410
Parties
Appellant: B & Q; Respondent: Ms Capon
Jurisdiction
United Kingdom
Judgment Date
04 October 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal allowed
Legal Topics
Redundancy, Unfair Dismissal
Employment Law Redundancy Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

B & Q

Appellant

Ms Capon

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the dismissal of Ms Capon was by reason of redundancy under Section 81(2)(b) of the Employment Protection (Consolidation) Act 1978
  2. 2 Whether the Industrial Tribunal applied the correct legal test for redundancy

Ratio Decidendi

The Industrial Tribunal applied the wrong legal test by focusing on diminution of work rather than the business's requirements for employees; on the Tribunal's own findings, there was a total reorganisation resulting in diminished requirements for employees, constituting redundancy.

Court Disposition

appeal allowed

Orders

  • Case remitted to a differently constituted Industrial Tribunal to be heard as a case of proven redundancy