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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the requirement for A-Level English constituted unfair dismissal
- 2 Whether requiring employees to apply for new posts instead of offering them was unreasonable
- 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.
Full Case Text
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