British Bata Ltd v Marion Everett [1997] UKEAT 1205_96_0403 (4 March 1997)

British Bata Ltd v Marion Everett [1997] UKEAT 1205_96_0403 (4 March 1997)

The tribunal erred by assessing the reasonableness of dismissal at the date notice was given rather than the effective date of termination. On the facts, sufficient consultation had occurred by the termination date, making the dismissal fair.

Citation
[1997] UKEAT 1205_96_0403
Parties
Appellant: British Bata Ltd; Respondent: Mrs Everett
Jurisdiction
United Kingdom
Judgment Date
04 March 1997
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal allowed; finding of fair dismissal substituted
Legal Topics
Unfair Dismissal, Consultation Requirements, Business Reorganisation
Employment Law Unfair Dismissal Consultation Requirements Business Reorganisation

Case Brief

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Parties

British Bata Ltd

Appellant

Mrs Everett

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Was Mrs Everett's dismissal by British Bata Ltd unfair under s.98(4) Employment Rights Act 1996?
  2. 2 Did the employer provide sufficient consultation before dismissal?
  3. 3 What is the relevant date for assessing the reasonableness of dismissal?

Ratio Decidendi

The tribunal erred by assessing the reasonableness of dismissal at the date notice was given rather than the effective date of termination. On the facts, sufficient consultation had occurred by the termination date, making the dismissal fair.

Court Disposition

appeal allowed; finding of fair dismissal substituted

Orders

  • Appeal allowed
  • Finding of fair dismissal substituted for tribunal's finding of unfair dismissal