Taylorplan Services Ltd v Shwartzberg [1997] UKEAT 1094_95_1601 (16 January 1997)

Taylorplan Services Ltd v Shwartzberg [1997] UKEAT 1094_95_1601 (16 January 1997)

The Tribunal's finding that three months was a reasonable period for fair dismissal was not so plainly wrong or excessive as to be perverse; the manner of Mrs Shwartzberg's dismissal was unfair due to abrupt and poorly managed consultation, but redundancy itself was inevitable.

Citation
[1997] UKEAT 1094_95_1601
Parties
Appellant: Taylorplan Services Ltd; Respondent/cross Appellant: Mrs Shwartzberg
Jurisdiction
United Kingdom
Judgment Date
16 January 1997
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Industrial Tribunal Decision
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Redundancy, Unfair Dismissal, Consultation Period, Transfer of Undertakings
Employment Law Redundancy Unfair Dismissal Consultation Period Transfer of Undertakings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Taylorplan Services Ltd

Appellant

Mrs Shwartzberg

Respondent/cross Appellant

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether Mrs Shwartzberg's dismissal was unfair due to the manner of redundancy consultation and process
  2. 2 Whether the period for fair dismissal should be longer or shorter than three months

Ratio Decidendi

The Tribunal's finding that three months was a reasonable period for fair dismissal was not so plainly wrong or excessive as to be perverse; the manner of Mrs Shwartzberg's dismissal was unfair due to abrupt and poorly managed consultation, but redundancy itself was inevitable.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • No change to the Tribunal's award of 13 weeks' loss of net wages as compensation