Mofunanya v. Richmond Fellowship & Anor [2003] UKEAT 0449_03_1512 (15 December 2003)

Mofunanya v. Richmond Fellowship & Anor [2003] UKEAT 0449_03_1512 (15 December 2003)

The dismissal was unfair solely due to insufficient consultation with the employee prior to the redundancy decision; the process was too rushed and lacked proper personal engagement with those directly affected.

Citation
[2003] UKEAT 0449_03_1512
Parties
Appellant: MR M MOFUNANYA; Respondent: MR E KEEN
Jurisdiction
United Kingdom
Judgment Date
15 December 2003
Procedural Posture
Employment Appeal / Appeal
Outcome
Varied; dismissal held unfair due to lack of consultation
Legal Topics
Redundancy, Unfair Dismissal, Consultation Procedures
Employment Law Redundancy Unfair Dismissal Consultation Procedures

Case Brief

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Parties

MR M MOFUNANYA

Appellant

MR E KEEN

Respondent

Procedural Posture

Employment Appeal / Appeal

Legal Issues

  1. 1 Whether the dismissal was unfair due to lack of proper consultation in redundancy process

Ratio Decidendi

The dismissal was unfair solely due to insufficient consultation with the employee prior to the redundancy decision; the process was too rushed and lacked proper personal engagement with those directly affected.

Court Disposition

Varied; dismissal held unfair due to lack of consultation

Orders

  • Awarded four weeks' pay (£125) as compensation for insufficient consultation
  • No remission to Tribunal; matter concluded