Rowell v Hubbard Group Services Ltd [1995] UKEAT 44_94_1201 (12 January 1995)

Rowell v Hubbard Group Services Ltd [1995] UKEAT 44_94_1201 (12 January 1995)

The employer failed to conduct genuine and meaningful consultation with the employee prior to dismissal for redundancy, as required by law and good industrial relations practice, rendering the dismissal unfair.

Citation
[1995] UKEAT 44_94_1201
Parties
Appellant: Mrs Rowell; Respondent: Hubbard Group Services Ltd
Jurisdiction
United Kingdom
Judgment Date
12 January 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; finding of unfair dismissal substituted.
Legal Topics
Redundancy, Unfair Dismissal, Consultation Requirements, Industrial Relations

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Rowell

Appellant

Hubbard Group Services Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

  1. 1 Whether the employer fulfilled its obligation to consult the employee prior to redundancy dismissal
  2. 2 Whether the dismissal was fair in accordance with established legal principles

Ratio Decidendi

The employer failed to conduct genuine and meaningful consultation with the employee prior to dismissal for redundancy, as required by law and good industrial relations practice, rendering the dismissal unfair.

Court Disposition

Appeal allowed; finding of unfair dismissal substituted.

Orders

  • Case remitted to the same Tribunal for remedy procedures.