Drudge v Emap Apex Publications Ltd [1995] UKEAT 220_94_1905 (19 May 1995)

Drudge v Emap Apex Publications Ltd [1995] UKEAT 220_94_1905 (19 May 1995)

The Industrial Tribunal correctly found that consultation would not have changed the outcome and properly set-off the ex gratia payment against the compensatory award, extinguishing it, in accordance with Section 74(7) and binding precedent.

Citation
[1995] UKEAT 220_94_1905
Parties
Appellant: Mr Drudge; Respondent: EMAP APEX
Jurisdiction
United Kingdom
Judgment Date
19 May 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Redundancy, Unfair Dismissal, Compensatory Award, Ex Gratia Payment, Consultation Requirements
Employment Law Redundancy Unfair Dismissal Compensatory Award Ex Gratia Payment Consultation Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Drudge

Appellant

EMAP APEX

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in not awarding a percentage award reflecting a chance of retention after consultation
  2. 2 Whether the ex gratia payment should be set-off against the compensatory award

Ratio Decidendi

The Industrial Tribunal correctly found that consultation would not have changed the outcome and properly set-off the ex gratia payment against the compensatory award, extinguishing it, in accordance with Section 74(7) and binding precedent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; Industrial Tribunal decision affirmed; no compensatory award payable due to set-off of ex gratia payment.