Kilgour Engineering Ltd v Bryan [1993] UKEAT 423_91_0507 (5 July 1993)

Kilgour Engineering Ltd v Bryan [1993] UKEAT 423_91_0507 (5 July 1993)

The Industrial Tribunal erred by failing to assess the percentage chance that Mr Bryan would have retained his employment had proper consultation occurred, as required by Polkey; the matter must be remitted for reconsideration of compensation in light of this principle.

Source-derived case information.

Citation
[1993] UKEAT 423_91_0507
Parties
Appellant: Kilgour Engineering Ltd; Respondent: Mr Bryan
Jurisdiction
United Kingdom
Judgment Date
05 July 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal's Compensatory Award Decision
Outcome
Appeal allowed; matter remitted to Industrial Tribunal for reconsideration of compensation.
Legal Topics
Unfair Dismissal, Redundancy, Compensation Assessment, Procedural Fairness
Employment Law Unfair Dismissal Redundancy Compensation Assessment Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kilgour Engineering Ltd

Appellant

Mr Bryan

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal's Compensatory Award Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal correctly applied the law in assessing compensation for unfair dismissal due to redundancy where procedural fairness was lacking
  2. 2 Whether the Tribunal should have considered the likelihood of the employee retaining employment if proper consultation had occurred

Ratio Decidendi

The Industrial Tribunal erred by failing to assess the percentage chance that Mr Bryan would have retained his employment had proper consultation occurred, as required by Polkey; the matter must be remitted for reconsideration of compensation in light of this principle.

Court Disposition

Appeal allowed; matter remitted to Industrial Tribunal for reconsideration of compensation.

Orders

  • Remit the assessment of compensation to the same Industrial Tribunal, if possible, for reconsideration in accordance with the Polkey principle.