Readman v Devon Promary Care Trust (Redundancy : Suitable alternative employment) [2011] UKEAT 0116_11_0112 (01 December 2011)
The Tribunal failed to address whether the Appellant's core reason for refusing the hospital matron position—her desire not to work in a hospital setting after 23 years in community nursing—was sound and justifiable. This constituted a fundamental error of law. The Appellant's refusal was reasonable given her career history and preferences.
- Citation
- [2011] UKEAT 0116_11_0112
- Parties
- Appellant: Mrs Readman; Respondent: Devon Primary Care Trust
- Jurisdiction
- United Kingdom
- Judgment Date
- 01 December 2011
- Procedural Posture
- Employment Appeal / Appeal Judgment
- Outcome
- Appeal allowed; Tribunal decision set aside
- Legal Topics
- Redundancy, Suitable Alternative Employment, Unreasonable Refusal
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs Readman
Appellant
Devon Primary Care Trust
Respondent
Procedural Posture
Employment Appeal / Appeal Judgment
Legal Issues
- 1 Whether the Employment Tribunal erred in law by concluding the Appellant unreasonably refused an offer of suitable alternative employment
Ratio Decidendi
The Tribunal failed to address whether the Appellant's core reason for refusing the hospital matron position—her desire not to work in a hospital setting after 23 years in community nursing—was sound and justifiable. This constituted a fundamental error of law. The Appellant's refusal was reasonable given her career history and preferences.
Court Disposition
Appeal allowed; Tribunal decision set aside
Orders
- Substitute finding that Appellant was entitled to receive a redundancy payment
Full Case Text
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