Whittle v Parity Training Ltd & Anor [2003] UKEAT 0573_02_0107 (1 July 2003)
The Employment Tribunal did not err in law; it correctly applied the principle that an employer must take reasonable steps to find alternative employment and provide consultation. The Appellant failed to indicate willingness to accept a subordinate position during the consultation period, and the Respondent's actions were within the range of reasonable practice.
- Citation
- [2003] UKEAT 0573_02_0107
- Parties
- Appellant: Mr Whittle; Respondent: Parity Solutions Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 01 July 2003
- Procedural Posture
- Employment Appeal / Appeal From Employment Tribunal
- Outcome
- Appeal dismissed
- Legal Topics
- Redundancy, Unfair Dismissal, Consultation Process, Alternative Employment
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Whittle
Appellant
Parity Solutions Ltd
Respondent
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Legal Issues
- 1 Whether the Employment Tribunal erred in law by elevating the proposition from Barratt Construction Ltd v Dalrymple into a rule of law
- 2 Whether the consultation process and search for alternative employment were fair
Ratio Decidendi
The Employment Tribunal did not err in law; it correctly applied the principle that an employer must take reasonable steps to find alternative employment and provide consultation. The Appellant failed to indicate willingness to accept a subordinate position during the consultation period, and the Respondent's actions were within the range of reasonable practice.
Court Disposition
Appeal dismissed
Orders
- No error of law found
- Employment Tribunal decision upheld
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