Sun Valley Poultry Ltd v Mitchell & Ors [1996] UKEAT 164_96_0410 (4 October 1996)

Sun Valley Poultry Ltd v Mitchell & Ors [1996] UKEAT 164_96_0410 (4 October 1996)

The imposition and persistence of the A-Level English requirement was outside the bounds of reasonable fairness and constituted unfair dismissal; the correction of the requirement was too late to cure the unfairness for the affected employees.

Citation
[1996] UKEAT 164_96_0410
Parties
Appellant: Sun Valley Poultry Ltd; Respondent: Mrs Mitchell; Respondent: Miss Walker; Respondent: Mrs Edwards
Jurisdiction
United Kingdom
Judgment Date
04 October 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Redundancy, Unfair Dismissal, Procedural Fairness, Selection Criteria

Case Brief

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Parties

Sun Valley Poultry Ltd

Appellant

Mrs Mitchell

Respondent

Miss Walker

Respondent

Mrs Edwards

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

  1. 1 Whether the requirement for A-Level English constituted unfair dismissal
  2. 2 Whether requiring employees to apply for new posts instead of offering them was unreasonable
  3. 3 Whether the employer's correction of the requirement was sufficient to cure unfairness

Ratio Decidendi

The imposition and persistence of the A-Level English requirement was outside the bounds of reasonable fairness and constituted unfair dismissal; the correction of the requirement was too late to cure the unfairness for the affected employees.

Court Disposition

appeal dismissed

Orders

  • The appeal by Sun Valley Poultry Ltd is dismissed.
  • The findings of unfair dismissal by the Industrial Tribunal are upheld.