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
Legal Issues
- 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.
Full Case Text
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