Bowne International Ltd v. Silverston [2003] UKEAT 0256_03_1407 (14 July 2003)

Bowne International Ltd v. Silverston [2003] UKEAT 0256_03_1407 (14 July 2003)

The Tribunal's decision was flawed as it relied on grounds not pleaded by the Respondent and failed to reflect all submissions; meaningful consultation was not adequately addressed, requiring a rehearing before a differently constituted Tribunal.

Source-derived case information.

Citation
[2003] UKEAT 0256_03_1407
Parties
Appellant: Bowne International Ltd; Respondent: A Silverston
Jurisdiction
United Kingdom
Judgment Date
14 July 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed to the extent of ordering a rehearing before a fresh Tribunal.
Legal Topics
Redundancy, Unfair Dismissal, Consultation Requirements
Employment Law Redundancy Unfair Dismissal Consultation Requirements

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bowne International Ltd

Appellant

A Silverston

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

  1. 1 Whether the dismissal of the Respondent was fair in the context of redundancy
  2. 2 Whether meaningful consultation was conducted with the Respondent prior to redundancy

Ratio Decidendi

The Tribunal's decision was flawed as it relied on grounds not pleaded by the Respondent and failed to reflect all submissions; meaningful consultation was not adequately addressed, requiring a rehearing before a differently constituted Tribunal.

Court Disposition

Appeal allowed to the extent of ordering a rehearing before a fresh Tribunal.

Orders

  • Rehearing of the Respondent's case before a differently constituted Tribunal.