Excel Technical Mouldings Ltd v Shaw [2003] UKEAT 0267_02_2603 (26 March 2003)

Excel Technical Mouldings Ltd v Shaw [2003] UKEAT 0267_02_2603 (26 March 2003)

The Tribunal was entitled to find, as a matter of fact, that there was no redundancy situation because the requirement for managerial work had not diminished; the reorganisation merely redistributed the same work among the same number of employees. The Tribunal did not err in law or act perversely in reaching this conclusion.

Citation
[2003] UKEAT 0267_02_2603
Parties
Appellant: Excel Technical Mouldings Ltd; Respondent: Mr Shaw
Jurisdiction
United Kingdom
Judgment Date
26 March 2003
Procedural Posture
Employment Appeal / Appeal Judgment on Liability and Remedy
Outcome
Appeal dismissed on liability; matter remitted for reconsideration of remedy
Legal Topics
Unfair Dismissal, Redundancy, Remedies, Consultation Requirements
Employment Law Unfair Dismissal Redundancy Remedies Consultation Requirements

Case Brief

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Parties

Excel Technical Mouldings Ltd

Appellant

Mr Shaw

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment on Liability and Remedy

Legal Issues

  1. 1 Whether the dismissal of Mr Shaw was by reason of redundancy under section 139 of the Employment Rights Act 1996
  2. 2 Whether the Employment Tribunal erred in its approach to redundancy and consultation
  3. 3 Whether the Tribunal's remedy decision was adequately reasoned

Ratio Decidendi

The Tribunal was entitled to find, as a matter of fact, that there was no redundancy situation because the requirement for managerial work had not diminished; the reorganisation merely redistributed the same work among the same number of employees. The Tribunal did not err in law or act perversely in reaching this conclusion.

Court Disposition

Appeal dismissed on liability; matter remitted for reconsideration of remedy

Orders

  • Appeal on liability dismissed
  • Remedy issue remitted to Employment Tribunal for reconsideration