Firsteel Ltd v Sherwin & Ors [1993] UKEAT 654_91_1312 (13 December 1993)

Firsteel Ltd v Sherwin & Ors [1993] UKEAT 654_91_1312 (13 December 1993)

The Industrial Tribunal's decision that the respondents were unfairly dismissed was not perverse and was supported by evidence; procedural failures including non-disclosure and haste justified the finding of unfair dismissal. No error of law was identified.

Citation
[1993] UKEAT 654_91_1312
Parties
Appellant: Firsteel Ltd; Respondents: Mr Sherwin, Mr Walker, Mr Devey, Mr Mills
Jurisdiction
United Kingdom
Judgment Date
13 December 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Redundancy, Procedural Fairness, Natural Justice
Employment Law Unfair Dismissal Redundancy Procedural Fairness Natural Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Firsteel Ltd

Appellant

Mr Sherwin, Mr Walker, Mr Devey, Mr Mills

Respondents

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the dismissals of the respondents were unfair within the meaning of S.57(3) of the Employment Protection (Consolidation) Act 1978
  2. 2 Whether the Industrial Tribunal's decision was perverse or unsupported by evidence
  3. 3 Whether procedural failures in redundancy selection render dismissals unfair

Ratio Decidendi

The Industrial Tribunal's decision that the respondents were unfairly dismissed was not perverse and was supported by evidence; procedural failures including non-disclosure and haste justified the finding of unfair dismissal. No error of law was identified.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Firsteel Ltd is dismissed.