David Webster Ltd v Filmer [1998] UKEAT 167_98_0607 (6 July 1998)

David Webster Ltd v Filmer [1998] UKEAT 167_98_0607 (6 July 1998)

The Tribunal found that the mobility clause did not entitle the employer to require Mr Filmer to transfer to Greenwich, the refusal of alternative employment was not unreasonable, and the dismissal was by reason of redundancy, entitling Mr Filmer to a redundancy payment.

Citation
[1998] UKEAT 167_98_0607
Parties
Appellant: David Webster Ltd; Respondent: Christopher Filmer
Jurisdiction
United Kingdom
Judgment Date
06 July 1998
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Redundancy, Mobility Clause, Constructive Dismissal, Suitable Alternative Employment
Employment Law Redundancy Mobility Clause Constructive Dismissal Suitable Alternative Employment

Case Brief

Summary, issues, holding and outcome

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Parties

David Webster Ltd

Appellant

Christopher Filmer

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether Mr Filmer's dismissal was by reason of redundancy
  2. 2 Whether the mobility clause permitted transfer to Greenwich
  3. 3 Whether refusal of alternative employment was unreasonable

Ratio Decidendi

The Tribunal found that the mobility clause did not entitle the employer to require Mr Filmer to transfer to Greenwich, the refusal of alternative employment was not unreasonable, and the dismissal was by reason of redundancy, entitling Mr Filmer to a redundancy payment.

Court Disposition

appeal dismissed

Orders

  • Respondent is entitled to redundancy payment
  • No finding of unfair dismissal