Redgrave v. Culham [2001] UKEAT 618_01_0810 (8 October 2001)

Redgrave v. Culham [2001] UKEAT 618_01_0810 (8 October 2001)

The employer failed to provide written reasons for dismissal within 14 days as required by Section 92(2) of the Employment Rights Act 1996. The letter of 14 July did not constitute reasons for a dismissal that had already occurred. The statutory award of two weeks' pay is mandatory under Section 93(2)(b), and there...

Source-derived case information.

Citation
[2001] UKEAT 618_01_0810
Parties
Applicant: Mr A Culham; Respondent/appellant: Mr D Redgrave t/a Redgrave Services
Jurisdiction
United Kingdom
Judgment Date
08 October 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Written Reasons for Dismissal, Payment in Lieu of Notice, Gross Misconduct
Employment Law Unfair Dismissal Written Reasons for Dismissal Payment in Lieu of Notice Gross Misconduct

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr A Culham

Applicant

Mr D Redgrave t/a Redgrave Services

Respondent/appellant

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the employer provided written reasons for dismissal within the statutory period under Section 92(2) of the Employment Rights Act 1996
  2. 2 Whether the Tribunal erred in awarding two weeks' pay under Section 93(2)(b)
  3. 3 Whether the appeal can proceed in the absence of extended reasons

Ratio Decidendi

The employer failed to provide written reasons for dismissal within 14 days as required by Section 92(2) of the Employment Rights Act 1996. The letter of 14 July did not constitute reasons for a dismissal that had already occurred. The statutory award of two weeks' pay is mandatory under Section 93(2)(b), and there is no discretion to reduce or withhold the award even if the employee knew the reasons for dismissal.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed at the preliminary stage
  • Respondent to pay Applicant £760.00 forthwith