Shipham & Co Ltd v. Skinner [2001] UKEAT 840_00_1312 (13 December 2001)

Shipham & Co Ltd v. Skinner [2001] UKEAT 840_00_1312 (13 December 2001)

There is no legal requirement for positive discrimination in favour of employees designated as Health and Safety Advisors under section 100(1)(a) in redundancy selection. The Tribunal erred in law by requiring such discrimination and by substituting its own view for that of a reasonable employer. The correct...

Source-derived case information.

Citation
[2001] UKEAT 840_00_1312
Parties
Appellant: Shipham and Co Ltd; Respondent: Mr D. E. Skinner
Jurisdiction
United Kingdom
Judgment Date
13 December 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Respondent's application dismissed
Legal Topics
Unfair Dismissal, Redundancy, Health and Safety at Work, Employment Rights Act 1996
Employment Law Unfair Dismissal Redundancy Health and Safety at Work Employment Rights Act 1996

Source-derived case record

Summary, issues, holding and outcome

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Parties

Shipham and Co Ltd

Appellant

Mr D. E. Skinner

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the dismissal of the Respondent was unfair under section 98(4) of the Employment Rights Act 1996
  2. 2 Whether positive discrimination is required for employees designated as Health and Safety Advisors under section 100(1)(a)
  3. 3 Whether the Tribunal erred in law by requiring positive discrimination in redundancy selection

Ratio Decidendi

There is no legal requirement for positive discrimination in favour of employees designated as Health and Safety Advisors under section 100(1)(a) in redundancy selection. The Tribunal erred in law by requiring such discrimination and by substituting its own view for that of a reasonable employer. The correct approach is to assess whether the dismissal was within the range of reasonable responses under section 98(4).

Court Disposition

Appeal allowed; Respondent's application dismissed

Orders

  • Decision of the Employment Tribunal set aside
  • Respondent's application for unfair dismissal dismissed