Adams & Anor v Telecom Security Ltd [1993] UKEAT 584_91_1406 (14 June 1993)

Adams & Anor v Telecom Security Ltd [1993] UKEAT 584_91_1406 (14 June 1993)

The Tribunal erred by failing to address the agreed issue of redundancy and the reasonableness of the employer's conduct under section 57(3), instead deciding the case on a ground not argued by the parties. The appeals are allowed and the cases remitted for rehearing by a differently constituted tribunal.

Source-derived case information.

Citation
[1993] UKEAT 584_91_1406
Parties
Appellant: Mr Adams; Appellant: Mr Fitzgerald; Respondent: Telecom Security Ltd
Jurisdiction
United Kingdom
Judgment Date
14 June 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; case remitted for rehearing
Legal Topics
Unfair Dismissal, Redundancy, Procedural Fairness, Employment Contracts
Employment Law Unfair Dismissal Redundancy Procedural Fairness Employment Contracts

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Adams

Appellant

Mr Fitzgerald

Appellant

Telecom Security Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the appellants were dismissed by reason of redundancy
  2. 2 Whether the dismissals were unfair under section 57(3) Employment Protection (Consolidation) Act 1978
  3. 3 Whether the Industrial Tribunal erred in law by failing to address the agreed issue of redundancy

Ratio Decidendi

The Tribunal erred by failing to address the agreed issue of redundancy and the reasonableness of the employer's conduct under section 57(3), instead deciding the case on a ground not argued by the parties. The appeals are allowed and the cases remitted for rehearing by a differently constituted tribunal.

Court Disposition

Appeal allowed; case remitted for rehearing

Orders

  • The appeals of Mr Adams and Mr Fitzgerald are allowed.
  • The cases are remitted to a differently constituted tribunal for rehearing.