Michelin Tyre Plc v Pearson [1995] UKEAT 758_94_1603 (16 March 1995)

Michelin Tyre Plc v Pearson [1995] UKEAT 758_94_1603 (16 March 1995)

Once an oral decision is announced by a tribunal, it is final and cannot be fundamentally changed in written reasons except under express review powers or the slip rule. The Tribunal in this case had no jurisdiction to alter its original oral decision by awarding compensation in the written reasons.

Citation
[1995] UKEAT 758_94_1603
Parties
Appellant: Michelin Tyre PLC; Respondent: Mr Pearson
Jurisdiction
United Kingdom
Judgment Date
16 March 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Remitted for rehearing
Legal Topics
Redundancy, Unfair Dismissal, Procedural Fairness, Tribunal Jurisdiction
Employment Law Redundancy Unfair Dismissal Procedural Fairness Tribunal Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Michelin Tyre PLC

Appellant

Mr Pearson

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether an Industrial Tribunal can fundamentally alter its oral decision in subsequent written reasons
  2. 2 Whether lack of consultation before redundancy renders dismissal unfair
  3. 3 Jurisdiction of Tribunal to review or amend decisions

Ratio Decidendi

Once an oral decision is announced by a tribunal, it is final and cannot be fundamentally changed in written reasons except under express review powers or the slip rule. The Tribunal in this case had no jurisdiction to alter its original oral decision by awarding compensation in the written reasons.

Court Disposition

Remitted for rehearing

Orders

  • The matter is remitted to a new Tribunal for rehearing.