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
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
Legal Issues
- 1 Whether the dismissal of the Respondent was fair in the context of redundancy
- 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.
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