Salmon v. YMCA Training [2000] UKEAT 1388_99_1003 (10 March 2000)

Salmon v. YMCA Training [2000] UKEAT 1388_99_1003 (10 March 2000)

The tribunal found that the appellant was fairly selected for redundancy following genuine consultation and that no implied term existed to prevent dismissal before pension enhancement accrued, as the benefit was not yet due under the contract.

Citation
[2000] UKEAT 1388_99_1003
Parties
Appellant: Mr Salmon; Respondent: YMCA Training Ltd
Jurisdiction
United Kingdom
Judgment Date
10 March 2000
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Redundancy, Implied Terms, Pension Rights
Employment Law Unfair Dismissal Redundancy Implied Terms Pension Rights

Case Brief

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Parties

Mr Salmon

Appellant

YMCA Training Ltd

Respondent

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the appellant was unfairly dismissed by reason of redundancy
  2. 2 Whether there was an implied term preventing dismissal to deprive pension enhancement
  3. 3 Whether the selection for redundancy was fair

Ratio Decidendi

The tribunal found that the appellant was fairly selected for redundancy following genuine consultation and that no implied term existed to prevent dismissal before pension enhancement accrued, as the benefit was not yet due under the contract.

Court Disposition

Appeal dismissed