Hellyer Bros Ltd v Atkinson & Anor [1992] UKEAT 630_90_3103 (31 March 1992)

Hellyer Bros Ltd v Atkinson & Anor [1992] UKEAT 630_90_3103 (31 March 1992)

The Industrial Tribunal was entitled to find, on the facts, that the employer terminated the crew agreements by requesting the employees to sign off due to decommissioning, and that the procedural requirements for notice could be waived. Therefore, the terminations constituted dismissals by the employer for redundancy, entitling the applicants to redundancy payments.

Citation
[1992] UKEAT 630_90_3103
Parties
Appellant: Hellyer Brothers Ltd; First Respondent: Mr Dickinson; Second Respondent: Mr Atkinson
Jurisdiction
United Kingdom
Judgment Date
31 March 1992
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Redundancy, Dismissal, Crew Agreements, Merchant Shipping, Waiver of Contractual Terms
Employment Law Redundancy Dismissal Crew Agreements Merchant Shipping Waiver of Contractual Terms

Case Brief

Summary, issues, holding and outcome

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Parties

Hellyer Brothers Ltd

Appellant

Mr Dickinson

First Respondent

Mr Atkinson

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether Mr Dickinson and Mr Atkinson were dismissed by the employer for redundancy under s.81(1) of the Employment Protection (Consolidation) Act 1978
  2. 2 Whether the termination of the crew agreements constituted dismissal by the employer or mutual consent
  3. 3 Whether statutory crew agreements under the Merchant Shipping Act 1970 can be terminated other than by strict compliance with their terms

Ratio Decidendi

The Industrial Tribunal was entitled to find, on the facts, that the employer terminated the crew agreements by requesting the employees to sign off due to decommissioning, and that the procedural requirements for notice could be waived. Therefore, the terminations constituted dismissals by the employer for redundancy, entitling the applicants to redundancy payments.

Court Disposition

Appeal dismissed

Orders

  • The appeals of Hellyer Brothers Ltd are dismissed.