Limb Group Of Companies v Baxter & Ors [1993] UKEAT 209_91_3007 (30 July 1993)

Limb Group Of Companies v Baxter & Ors [1993] UKEAT 209_91_3007 (30 July 1993)

The Industrial Tribunal erred by relying on post-dismissal facts to infer the reason for dismissal, rather than focusing on the employer's genuine reason at the time of dismissal. The Tribunal's findings were inconsistent, as it accepted the employer's bona fides but also found redundancy as the reason for dismissal. The appeal is allowed and the matter remitted for rehearing.

Citation
[1993] UKEAT 209_91_3007
Parties
Appellant: Limb & Co (Goole) Ltd; Respondent: Dock Workers (Applicants)
Jurisdiction
United Kingdom
Judgment Date
30 July 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; matter remitted for rehearing before a different Tribunal.
Legal Topics
Redundancy, Unfair Dismissal, Industrial Action, Employment Contracts
Employment Law Redundancy Unfair Dismissal Industrial Action Employment Contracts

Case Brief

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Parties

Limb & Co (Goole) Ltd

Appellant

Dock Workers (Applicants)

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the dismissals of the applicants were by reason of redundancy or industrial action
  2. 2 Whether the Industrial Tribunal correctly applied the law in determining the reason for dismissal
  3. 3 Whether the employer's genuine reason for dismissal was established

Ratio Decidendi

The Industrial Tribunal erred by relying on post-dismissal facts to infer the reason for dismissal, rather than focusing on the employer's genuine reason at the time of dismissal. The Tribunal's findings were inconsistent, as it accepted the employer's bona fides but also found redundancy as the reason for dismissal. The appeal is allowed and the matter remitted for rehearing.

Court Disposition

Appeal allowed; matter remitted for rehearing before a different Tribunal.

Orders

  • Remitted for rehearing before a different Tribunal
  • Leave to appeal granted