Messrs Blatchfords Solicitors v.Berger & Ors [2001] UKEAT 207_00_2504 (25 April 2001)

Messrs Blatchfords Solicitors v.Berger & Ors [2001] UKEAT 207_00_2504 (25 April 2001)

The Tribunal erred in finding Ms Sims' dismissal unfair based on improper selection pool and criteria; the implied mobility clause did not permit transfer to South Harrow, and no consensual variation was established for Ozhasoglu and Blaze. Ex gratia payments were contractual and not deductible from compensation.

Citation
[2001] UKEAT 207_00_2504
Parties
Respondent: Blatchfords; Applicant: Ms Sims; Applicant: Ms Berger; Applicant: Ms Humphreys; Applicant: Ms Blaze; Applicant: Ms Fontana; Applicant: Ms Freeman; Applicant: Ms Ozhasoglu
Jurisdiction
United Kingdom
Judgment Date
25 April 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed in part; finding of unfair dismissal for Ms Sims set aside and remitted for rehearing; other findings upheld.
Legal Topics
Redundancy, Unfair Dismissal, Wrongful Dismissal, Mobility Clause, Contract Variation, Ex Gratia Payments
Employment Law Redundancy Unfair Dismissal Wrongful Dismissal Mobility Clause Contract Variation Ex Gratia Payments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Blatchfords

Respondent

Ms Sims

Applicant

Ms Berger

Applicant

Ms Humphreys

Applicant

Ms Blaze

Applicant

Ms Fontana

Applicant

Ms Freeman

Applicant

Ms Ozhasoglu

Applicant

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Was Ms Sims unfairly dismissed by reason of redundancy?
  2. 2 Was there an implied mobility clause in the secretary Applicants' contracts?
  3. 3 Did Ozhasoglu and Blaze agree to a variation of contract to move offices?

Ratio Decidendi

The Tribunal erred in finding Ms Sims' dismissal unfair based on improper selection pool and criteria; the implied mobility clause did not permit transfer to South Harrow, and no consensual variation was established for Ozhasoglu and Blaze. Ex gratia payments were contractual and not deductible from compensation.

Court Disposition

Appeal allowed in part; finding of unfair dismissal for Ms Sims set aside and remitted for rehearing; other findings upheld.

Orders

  • Ms Sims' unfair dismissal complaint to be reheard by a fresh Employment Tribunal.
  • No order as to costs in the appeal.