Contract Bottling Ltd v Cave & Anor (Redundancy : Exclusion) [2013] UKEAT 0525_12_2304 (23 April 2013)

Contract Bottling Ltd v Cave & Anor (Redundancy : Exclusion) [2013] UKEAT 0525_12_2304 (23 April 2013)

The Tribunal should have found the reason for dismissal was redundancy, as there was a diminution in requirements for employees to carry out particular kinds of work and the dismissals were attributable to that diminution. However, the dismissals were unfair due to substantively flawed procedure. The Tribunal failed...

Source-derived case information.

Citation
[2013] UKEAT 0525_12_2304
Parties
Appellant: Contract Bottling Limited; Respondent: Leanne Cave; Respondent: Wendy McNaughton
Jurisdiction
United Kingdom
Judgment Date
23 April 2013
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal against finding of unfair dismissal dismissed; appeal on Polkey issue allowed; matter remitted to Tribunal.
Legal Topics
Redundancy, Unfair Dismissal, Compensation, Polkey Deduction
Employment Law Redundancy Unfair Dismissal Compensation Polkey Deduction

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Summary, issues, holding and outcome

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Parties

Contract Bottling Limited

Appellant

Leanne Cave

Respondent

Wendy McNaughton

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the dismissals were for redundancy under section 139 ERA 1996
  2. 2 Whether the dismissals were unfair
  3. 3 Whether a Polkey deduction should apply

Ratio Decidendi

The Tribunal should have found the reason for dismissal was redundancy, as there was a diminution in requirements for employees to carry out particular kinds of work and the dismissals were attributable to that diminution. However, the dismissals were unfair due to substantively flawed procedure. The Tribunal failed to properly consider evidence for a Polkey deduction and must reconsider this issue.

Court Disposition

Appeal against finding of unfair dismissal dismissed; appeal on Polkey issue allowed; matter remitted to Tribunal.

Orders

  • Remitted to same Tribunal to reconsider Polkey deduction and provide reasons.
  • No fresh evidence required; Tribunal to focus on Polkey issue.