Turner v Arts Educational School [1995] UKEAT 440_93_0603 (6 March 1995)

Turner v Arts Educational School [1995] UKEAT 440_93_0603 (6 March 1995)

The Tribunal's conclusion that there was adequate consultation was unsupported by the facts found; there was no evidence that Mr Turner was informed of the criteria or reasons for his selection, nor that meaningful consultation occurred. Therefore, the dismissal was unfair.

Citation
[1995] UKEAT 440_93_0603
Parties
Appellant: Mr Turner; Respondents: The Arts Educational Schools
Jurisdiction
United Kingdom
Judgment Date
06 March 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
Appeal allowed; finding of unfair dismissal.
Legal Topics
Redundancy, Unfair Dismissal, Consultation Requirements, Selection Criteria

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Turner

Appellant

The Arts Educational Schools

Respondents

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

  1. 1 Whether the dismissal of Mr Turner was unfair due to inadequate warning and consultation regarding redundancy selection

Ratio Decidendi

The Tribunal's conclusion that there was adequate consultation was unsupported by the facts found; there was no evidence that Mr Turner was informed of the criteria or reasons for his selection, nor that meaningful consultation occurred. Therefore, the dismissal was unfair.

Court Disposition

Appeal allowed; finding of unfair dismissal.

Orders

  • Matter remitted to the Tribunal for assessment of compensation.