Oakley & Ors v. Kvaerner Redpath Engineering Services Ltd [2000] UKEAT 1278_99_1701 (17 January 2000)

There are sufficient grounds to allow the appeal to proceed to a full hearing on the issues of Tribunal error regarding evidence and reasonable practicability, excluding certain sub-paragraphs from the Notice of Appeal.

Citation: [2000] UKEAT 1278_99_1701
Parties: Appellant Counsel: Oliver Hyams; Appellant Instructing Solicitors: Eversheds Solicitors
Jurisdiction: United Kingdom
Judgment Date: 17 January 2000
Procedural Posture: Employment Appeal Tribunal / Permission to Proceed to Full Hearing
Outcome: Appeal permitted to proceed to full hearing
Legal Topics: Redundancy, Effective Date of Termination, Reasonable Practicability, Misleading Statements by Employer, Adequacy of Tribunal Reasons

Employment Law Redundancy Effective Date of Termination Reasonable Practicability Misleading Statements by Employer Adequacy of Tribunal Reasons

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Parties

Oliver Hyams

Appellant Counsel

Eversheds Solicitors

Appellant Instructing Solicitors

Procedural Posture

Employment Appeal Tribunal / Permission to Proceed to Full Hearing

Legal Issues

1 Whether the Tribunal erred in failing to take account of or record findings on evidence given by employees regarding post-redundancy communications
2 Whether the Tribunal erred on the issue of reasonable practicability for complaints to be made earlier, particularly if employees were misled by employer statements
3 Whether the Tribunal adequately set out reasons for its decision

Ratio Decidendi

Court Disposition

Appeal permitted to proceed to full hearing

Orders

Full hearing directed on specified grounds in Notice of Appeal, excluding sub-paragraphs (4), (7), and (8)
Skeleton arguments to be exchanged and lodged 14 days before hearing