Witham Weld (A Firm) v Hedley [1995] UKEAT 176_95_0610 (6 October 1995)

Witham Weld (A Firm) v Hedley [1995] UKEAT 176_95_0610 (6 October 1995)

The Industrial Tribunal was entitled to find the dismissal unfair due to lack of real consultation and failure to apply objective selection criteria, but erred in law by refusing to consider whether compensation should be reduced to reflect the possibility that Mrs Hedley would have been dismissed even if a fair...

Source-derived case information.

Citation
[1995] UKEAT 176_95_0610
Parties
Respondent: Mrs Hedley; Appellants: Appellants (a firm of solicitors)
Jurisdiction
United Kingdom
Judgment Date
06 October 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed in part; case remitted for reconsideration of compensation reduction under Polkey principle.
Legal Topics
Unfair Dismissal, Redundancy, Compensation, Procedural Fairness
Employment Law Unfair Dismissal Redundancy Compensation Procedural Fairness

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Summary, issues, holding and outcome

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Parties

Mrs Hedley

Respondent

Appellants (a firm of solicitors)

Appellants

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether Mrs Hedley was unfairly dismissed for redundancy
  2. 2 Whether the selection process for redundancy was fair and reasonable
  3. 3 Whether proper consultation and objective criteria were applied

Ratio Decidendi

The Industrial Tribunal was entitled to find the dismissal unfair due to lack of real consultation and failure to apply objective selection criteria, but erred in law by refusing to consider whether compensation should be reduced to reflect the possibility that Mrs Hedley would have been dismissed even if a fair procedure had been followed.

Court Disposition

Appeal allowed in part; case remitted for reconsideration of compensation reduction under Polkey principle.

Orders

  • Remit to the same Industrial Tribunal, if possible, to consider whether any deduction should be made from the compensatory award to reflect the possibility of fair dismissal.