Davis v ITNET [2003] UKEAT 0514_02_2103 (21 March 2003)

Davis v ITNET [2003] UKEAT 0514_02_2103 (21 March 2003)

The Employment Tribunal's findings did not justify a conclusion that redundancy was inevitable regardless of proper consultation and retraining; therefore, the decision to award no compensation was unsustainable and must be reconsidered on a percentage basis.

Citation
[2003] UKEAT 0514_02_2103
Parties
Appellant: Mr Michael Davis; Respondent: ITNET
Jurisdiction
United Kingdom
Judgment Date
21 March 2003
Procedural Posture
Employment Appeal / Full Hearing on Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part, Tribunal's decision on compensation set aside, case remitted for reconsideration of remedy.
Legal Topics
Unfair Dismissal, Redundancy, Compensation, Re Engagement, Reinstatement
Employment Law Unfair Dismissal Redundancy Compensation Re Engagement Reinstatement

Case Brief

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Parties

Mr Michael Davis

Appellant

ITNET

Respondent

Procedural Posture

Employment Appeal / Full Hearing on Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Tribunal erred in finding redundancy dismissal was inevitable and awarding no compensation
  2. 2 Whether the Tribunal applied the correct date for practicability of reinstatement
  3. 3 Whether the Tribunal erred in refusing re-engagement based on salary differential

Ratio Decidendi

The Employment Tribunal's findings did not justify a conclusion that redundancy was inevitable regardless of proper consultation and retraining; therefore, the decision to award no compensation was unsustainable and must be reconsidered on a percentage basis.

Court Disposition

Appeal allowed in part, Tribunal's decision on compensation set aside, case remitted for reconsideration of remedy.

Orders

  • Set aside Tribunal's decision awarding no compensation.
  • Remit case to Employment Tribunal for reconsideration of compensation and possible re-engagement.