Stanco Exhibitions Plc v Wright [2007] UKEAT 0291_07_1009 (10 September 2007)

Stanco Exhibitions Plc v Wright [2007] UKEAT 0291_07_1009 (10 September 2007)

The Tribunal was entitled to assess, based on evidence and industrial knowledge, that proper consultation would likely have resulted in Mr Wright's continued employment as an electrician, and to calculate compensation accordingly. The Tribunal did not exceed its authority or improperly interfere with the employer's commercial decisions.

Citation
[2007] UKEAT 0291_07_1009
Parties
Respondent: Mr Wright; Appellant: Stanco
Jurisdiction
United Kingdom
Judgment Date
10 September 2007
Procedural Posture
Employment Tribunal Appeal / Full Appeal From Remedies Decision
Outcome
Appeal dismissed
Legal Topics
Redundancy, Unfair Dismissal, Suitable Alternative Employment, Compensation Calculation
Employment Law Redundancy Unfair Dismissal Suitable Alternative Employment Compensation Calculation

Case Brief

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Parties

Mr Wright

Respondent

Stanco

Appellant

Procedural Posture

Employment Tribunal Appeal / Full Appeal From Remedies Decision

Legal Issues

  1. 1 Whether the Tribunal erred in finding that proper consultation would have led to continued employment for Mr Wright
  2. 2 Whether the Tribunal was entitled to speculate about future employment and compensation
  3. 3 Whether the Tribunal improperly interfered with the employer's decision regarding redundancy and creation of new roles

Ratio Decidendi

The Tribunal was entitled to assess, based on evidence and industrial knowledge, that proper consultation would likely have resulted in Mr Wright's continued employment as an electrician, and to calculate compensation accordingly. The Tribunal did not exceed its authority or improperly interfere with the employer's commercial decisions.

Court Disposition

Appeal dismissed

Orders

  • Compensation award for automatic unfair dismissal upheld
  • 13 week consultation period compensation upheld