Lowe v. Everest Ltd & Ors [2001] UKEAT 353_00_0309 (3 September 2001)

Lowe v. Everest Ltd & Ors [2001] UKEAT 353_00_0309 (3 September 2001)

The Tribunal set up and applied a fair system for redundancy selection, and there was no evidence of unfairness or error of law in its process or findings. The Tribunal was not required to make specific findings on the shift proportion issue or to permit detailed questioning on individual assessments absent...

Source-derived case information.

Citation
[2001] UKEAT 353_00_0309
Parties
Appellant: John Lowe; Respondent: Everest Ltd
Jurisdiction
United Kingdom
Judgment Date
03 September 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Redundancy, Employment Tribunal Procedure
Employment Law Unfair Dismissal Redundancy Employment Tribunal Procedure

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Parties

John Lowe

Appellant

Everest Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by failing to address the alleged disproportionate selection of employees from the appellant's shift for redundancy
  2. 2 Whether the Tribunal failed to direct itself in accordance with FDR Ltd v Holloway regarding the assessment process and questioning of witnesses

Ratio Decidendi

The Tribunal set up and applied a fair system for redundancy selection, and there was no evidence of unfairness or error of law in its process or findings. The Tribunal was not required to make specific findings on the shift proportion issue or to permit detailed questioning on individual assessments absent exceptional circumstances.

Court Disposition

Appeal dismissed