Horst & Ors v High Table Ltd [1996] UKEAT 1252_94_2304 (23 April 1996)

Horst & Ors v High Table Ltd [1996] UKEAT 1252_94_2304 (23 April 1996)

The Industrial Tribunal failed to properly consider whether redundancy existed and did not adequately apply or explain the statutory test for fairness under Section 57(3) of the 1978 Act; therefore, the appeal is allowed and the matter remitted for rehearing.

Source-derived case information.

Citation
[1996] UKEAT 1252_94_2304
Parties
1st Appellant: Mrs C Horst; 2nd Appellant: Ms J Jowett; 3rd Appellant: Mrs A Burley; Respondent: High Table Limited
Jurisdiction
United Kingdom
Judgment Date
23 April 1996
Procedural Posture
Employment Appeal Tribunal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; Industrial Tribunal decision set aside.
Legal Topics
Unfair Dismissal, Redundancy, Statutory Interpretation, Procedural Fairness
Employment Law Unfair Dismissal Redundancy Statutory Interpretation Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs C Horst

1st Appellant

Ms J Jowett

2nd Appellant

Mrs A Burley

3rd Appellant

High Table Limited

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the dismissals were by reason of redundancy within the meaning of Section 81(2)(b) of the Employment Protection (Consolidation) Act 1978
  2. 2 Whether the Industrial Tribunal correctly applied the statutory test for fairness under Section 57(3) of the 1978 Act

Ratio Decidendi

The Industrial Tribunal failed to properly consider whether redundancy existed and did not adequately apply or explain the statutory test for fairness under Section 57(3) of the 1978 Act; therefore, the appeal is allowed and the matter remitted for rehearing.

Court Disposition

Appeal allowed; Industrial Tribunal decision set aside.

Orders

  • Matter remitted to a differently constituted Industrial Tribunal for rehearing of all three applications.