Williams & Ors v Compair Maxam Ltd [1982] UKEAT 372_81_2201 (22 January 1982)

Williams & Ors v Compair Maxam Ltd [1982] UKEAT 372_81_2201 (22 January 1982)

The dismissals were unfair because the employer failed to consult the union, failed to establish or apply objective selection criteria, and made selections based on subjective managerial opinion, contrary to accepted standards of fairness and industrial practice. The Industrial Tribunal's decision was perverse as no reasonable tribunal could have found the dismissals fair in these circumstances.

Citation
[1982] UKEAT 372_81_2201
Parties
Respondent: Compair Maxam Ltd.; Appellants: Four dismissed employees (appellants)
Jurisdiction
United Kingdom
Judgment Date
22 January 1982
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; finding of unfair dismissal substituted; case remitted for assessment of compensation.
Legal Topics
Unfair Dismissal, Redundancy, Industrial Relations, Consultation With Trade Unions
Employment Law Unfair Dismissal Redundancy Industrial Relations Consultation With Trade Unions

Case Brief

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Parties

Compair Maxam Ltd.

Respondent

Four dismissed employees (appellants)

Appellants

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the dismissal of the appellants for redundancy was fair within the meaning of Section 57(3) of the Employment Protection (Consolidation) Act 1978
  2. 2 Whether the employer's failure to consult with the union and use objective selection criteria rendered the dismissals unfair
  3. 3 Whether the Industrial Tribunal's decision was perverse in law

Ratio Decidendi

The dismissals were unfair because the employer failed to consult the union, failed to establish or apply objective selection criteria, and made selections based on subjective managerial opinion, contrary to accepted standards of fairness and industrial practice. The Industrial Tribunal's decision was perverse as no reasonable tribunal could have found the dismissals fair in these circumstances.

Court Disposition

Appeal allowed; finding of unfair dismissal substituted; case remitted for assessment of compensation.

Orders

  • The appeal is allowed.
  • A finding of unfair dismissal is substituted for the Industrial Tribunal's decision.