Plusforge Ltd v Kneller [1995] UKEAT 902_94_2507 (25 July 1995)

Constructive knowledge ('ought reasonably to have been aware') is insufficient to satisfy the requirement for proper notification; actual notice to the correct party is required.

Citation: [1995] UKEAT 902_94_2507
Parties: Appellant: Mr Kneller; Respondent: Plusforge Ltd
Jurisdiction: United Kingdom
Judgment Date: 25 July 1995
Procedural Posture: Employment Appeal / Appeal From Industrial Tribunal Review
Outcome: decision set aside and remitted
Legal Topics: Redundancy Payment, Procedural Fairness, Notification of Proceedings

Employment Law Redundancy Payment Procedural Fairness Notification of Proceedings

Case Brief

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Parties

Mr Kneller

Appellant

Plusforge Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Review

Legal Issues

1 Whether proper notice of the Industrial Tribunal proceedings was given to the correct party
2 Whether the Tribunal's reliance on constructive knowledge ('ought reasonably to have been aware') satisfies notification requirements

Ratio Decidendi

Constructive knowledge ('ought reasonably to have been aware') is insufficient to satisfy the requirement for proper notification; actual notice to the correct party is required.

Court Disposition

decision set aside and remitted

Orders

Matter remitted to a differently constituted Tribunal for rehearing on the merits with both parties given the opportunity to be present and present their cases.