Hartley & Anor v Marshalls Mono Ltd [1995] UKEAT 481_94_0111 (1 November 1995)
The Industrial Tribunal was entitled to conclude that the employer's selection criteria, though partly subjective, were capable of objective assessment and were reasonably applied. The employer acted reasonably in the circumstances, providing adequate warning, consultation, and consideration of alternative...
Source-derived case information.
- Citation
- [1995] UKEAT 481_94_0111
- Parties
- Appellant: Mr Hartley; Appellant: Mr Davies; Respondent: Marshalls Mono Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 01 November 1995
- Procedural Posture
- Employment Appeal / Appeal From Industrial Tribunal Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Redundancy, Unfair Dismissal, Selection Criteria, Industrial Tribunal Procedure
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr Hartley
Appellant
Mr Davies
Appellant
Marshalls Mono Ltd
Respondent
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Legal Issues
- 1 Whether the selection criteria for redundancy were unfairly subjective
- 2 Whether the employer acted reasonably in selecting employees for redundancy
Ratio Decidendi
The Industrial Tribunal was entitled to conclude that the employer's selection criteria, though partly subjective, were capable of objective assessment and were reasonably applied. The employer acted reasonably in the circumstances, providing adequate warning, consultation, and consideration of alternative employment. The Tribunal's decision was not perverse and must stand.
Court Disposition
Appeal dismissed
Orders
- The appeal is rejected and dismissed.
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