Ball & Ors v Esperanto Graphics [1993] UKEAT 624_91_1607 (16 July 1993)

Ball & Ors v Esperanto Graphics [1993] UKEAT 624_91_1607 (16 July 1993)

The Chairman erred in law by focusing on the employees' beliefs and the existence of a protective award, rather than the employer's reasons for dismissal. There is no necessary incompatibility between a protective award and a finding of unfair dismissal for trade union reasons. The matter must be remitted for reconsideration by a differently constituted tribunal.

Citation
[1993] UKEAT 624_91_1607
Parties
Appellants: Applicants (Nine individuals, members of NGA); Respondent: Esperanto Graphics
Jurisdiction
United Kingdom
Judgment Date
16 July 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Unfair Dismissal, Trade Union Membership, Redundancy, Burden of Proof, Protective Award, Estoppel
Employment Law Unfair Dismissal Trade Union Membership Redundancy Burden of Proof Protective Award Estoppel

Case Brief

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Parties

Applicants (Nine individuals, members of NGA)

Appellants

Esperanto Graphics

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the principal reason for dismissal was trade union membership/activities or redundancy
  2. 2 Whether the Chairman erred in law by considering the employees' beliefs rather than the employer's
  3. 3 Whether the existence of a protective award precluded a finding of unfair dismissal under Section 58

Ratio Decidendi

The Chairman erred in law by focusing on the employees' beliefs and the existence of a protective award, rather than the employer's reasons for dismissal. There is no necessary incompatibility between a protective award and a finding of unfair dismissal for trade union reasons. The matter must be remitted for reconsideration by a differently constituted tribunal.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • Matter remitted for reconsideration by a differently constituted tribunal