Roberts (t/a Sunfield Nursery) v. Richards & Anor [2000] EAT 1344_99_2405 (24 May 2000)

Roberts (t/a Sunfield Nursery) v. Richards & Anor [2000] EAT 1344_99_2405 (24 May 2000)

The Tribunal did not err in relying on oral evidence and correctly applied the Transfer of Undertakings Protection of Employment Regulations 1981; the redundancy claim was valid as the alternative employment offered was unsuitable.

Citation
[2000] EAT 1344_99_2405
Parties
Appellant: Mrs Roberts; Applicant: Miss Richards; Respondent: Mrs Bruce
Jurisdiction
United Kingdom
Judgment Date
24 May 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Redundancy, Transfer of Undertakings, Tribunal Procedure
Employment Law Redundancy Transfer of Undertakings Tribunal Procedure

Case Brief

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Parties

Mrs Roberts

Appellant

Miss Richards

Applicant

Mrs Bruce

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Tribunal erred in finding the redundancy application well founded
  2. 2 Whether oral evidence alone is sufficient for Tribunal findings
  3. 3 Applicability of Transfer of Undertakings Protection of Employment Regulations 1981

Ratio Decidendi

The Tribunal did not err in relying on oral evidence and correctly applied the Transfer of Undertakings Protection of Employment Regulations 1981; the redundancy claim was valid as the alternative employment offered was unsuitable.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed at the preliminary stage; Tribunal's decision stands.