I B P Ltd v Warburton [1995] UKEAT 262_95_0705 (7 May 1995)

I B P Ltd v Warburton [1995] UKEAT 262_95_0705 (7 May 1995)

The tribunal erred in law by treating non-compliance with Williams principles as determinative of unfairness and by failing to consider consultation; the decision cannot stand and must be set aside.

Source-derived case information.

Citation
[1995] UKEAT 262_95_0705
Parties
Appellant: IBP Ltd; Respondent: Mr Warburton
Jurisdiction
United Kingdom
Judgment Date
07 May 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal allowed; finding of unfair dismissal set aside; case remitted for rehearing
Legal Topics
Redundancy, Unfair Dismissal, Selection Criteria, Consultation
Employment Law Redundancy Unfair Dismissal Selection Criteria Consultation

Source-derived case record

Summary, issues, holding and outcome

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Parties

IBP Ltd

Appellant

Mr Warburton

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the dismissal of Mr Warburton was unfair under Section 57(3) of the Employment Protection (Consolidation) Act 1978
  2. 2 Whether the use of subjective criteria in redundancy selection renders dismissal unfair
  3. 3 Applicability of Williams v Compair Maxam principles to non-union redundancy cases

Ratio Decidendi

The tribunal erred in law by treating non-compliance with Williams principles as determinative of unfairness and by failing to consider consultation; the decision cannot stand and must be set aside.

Court Disposition

appeal allowed; finding of unfair dismissal set aside; case remitted for rehearing

Orders

  • The finding of unfair dismissal is set aside.
  • The case is remitted to a fresh Industrial Tribunal for rehearing.