Rolls Royce Plc (t/a Mitchell Bearings) v. Stanley Codling [2001] UKEAT 926_00_0702 (7 February 2001)

Rolls Royce Plc (t/a Mitchell Bearings) v. Stanley Codling [2001] UKEAT 926_00_0702 (7 February 2001)

The Tribunal's decision depended almost wholly on an inference regarding trade union activity and the absence of evidence from a key manager; whether this was proper and adequately explained requires further examination.

Source-derived case information.

Citation
[2001] UKEAT 926_00_0702
Parties
Appellant: Rolls Royce Plc t/a Mitchell Bearings; Respondent: Mr Stanley Codling
Jurisdiction
United Kingdom
Judgment Date
07 February 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Set down for full hearing before Employment Appeal Tribunal
Legal Topics
Unfair Dismissal, Redundancy, Trade Union Activities
Employment Law Unfair Dismissal Redundancy Trade Union Activities

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rolls Royce Plc t/a Mitchell Bearings

Appellant

Mr Stanley Codling

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether Mr Codling was unfairly selected for redundancy due to trade union activities
  2. 2 Whether the Tribunal's inference was proper and adequately explained

Ratio Decidendi

The Tribunal's decision depended almost wholly on an inference regarding trade union activity and the absence of evidence from a key manager; whether this was proper and adequately explained requires further examination.

Court Disposition

Set down for full hearing before Employment Appeal Tribunal

Orders

  • Skeleton Arguments to be exchanged and lodged 14 days before hearing
  • Chairman to produce notes of oral evidence, cross-examination, and re-examination of specified witnesses