Whittle v Parity Training Ltd & Anor [2003] UKEAT 0573_02_0107 (1 July 2003)

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

  1. 1 Whether the Employment Tribunal erred in law by elevating the proposition from Barratt Construction Ltd v Dalrymple into a rule of law
  2. 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