Gwynedd Council v Shelley Barratt & Anor (REDUNDANCY) [2020] UKEAT 0206_18_0306 (03 June 2020)

Gwynedd Council v Shelley Barratt & Anor (REDUNDANCY) [2020] UKEAT 0206_18_0306 (03 June 2020)

The Tribunal did not err in law; it properly applied s.98(4) of the Employment Rights Act 1996, considering the absence of appeal and consultation as factors in overall fairness, and did not treat procedural guidelines as inflexible legal requirements. The dismissals were unfair due to substantive and procedural flaws, including denial of statutory and contractual rights.

Citation
[2020] UKEAT 0206_18_0306
Parties
Appellant: Gwynedd Council; Respondents: NASUWT (on behalf of Claimants)
Jurisdiction
United Kingdom
Judgment Date
03 June 2020
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Redundancy, Unfair Dismissal, Right of Appeal, Consultation, Procedural Fairness
Employment Law Redundancy Unfair Dismissal Right of Appeal Consultation Procedural Fairness

Case Brief

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Parties

Gwynedd Council

Appellant

NASUWT (on behalf of Claimants)

Respondents

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in concluding that the Claimants were unfairly dismissed by reason of redundancy following the closure of their school.
  2. 2 Whether the absence of a right of appeal and consultation rendered the dismissals unfair.
  3. 3 Whether the Tribunal applied guidelines as inflexible legal requirements under s.98(4) Employment Rights Act 1996.

Ratio Decidendi

The Tribunal did not err in law; it properly applied s.98(4) of the Employment Rights Act 1996, considering the absence of appeal and consultation as factors in overall fairness, and did not treat procedural guidelines as inflexible legal requirements. The dismissals were unfair due to substantive and procedural flaws, including denial of statutory and contractual rights.

Court Disposition

Appeal dismissed

Orders

  • The Tribunal's finding of unfair dismissal is upheld.
  • No Polkey deduction is applied.