Selfridges Ltd v Wayne & Ors [1995] UKEAT 486_94_2001 (20 January 1995)

Selfridges Ltd v Wayne & Ors [1995] UKEAT 486_94_2001 (20 January 1995)

The Tribunal was entitled to find, on the evidence, that there was no economic necessity requiring the removal of the Christmas bonus and that the employer had not established a substantial reason justifying dismissal under s.57(1). The Tribunal's decision was not perverse or beyond reason.

Citation
[1995] UKEAT 486_94_2001
Parties
Appellant: Selfridges Ltd; Respondents: R T Wayne and Others
Jurisdiction
United Kingdom
Judgment Date
20 January 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Contract Variation, Constructive Dismissal, Dismissal for Some Other Substantial Reason
Employment Law Unfair Dismissal Contract Variation Constructive Dismissal Dismissal for Some Other Substantial Reason

Case Brief

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Parties

Selfridges Ltd

Appellant

R T Wayne and Others

Respondents

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the dismissal of employees for refusing to accept removal of Christmas bonus constituted dismissal for some other substantial reason under s.57(1) of the Employment Protection (Consolidation) Act 1978
  2. 2 Whether the employer acted reasonably in dismissing the employees under s.57(3)

Ratio Decidendi

The Tribunal was entitled to find, on the evidence, that there was no economic necessity requiring the removal of the Christmas bonus and that the employer had not established a substantial reason justifying dismissal under s.57(1). The Tribunal's decision was not perverse or beyond reason.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Industrial Tribunal that the applicants were unfairly dismissed is upheld.
  • Matters of compensation, reinstatement, and claims under the Wages Act 1986 remain adjourned unless agreed by the parties.