Beever & Ors v V M Fabrications Ltd [1996] UKEAT 383_96_1610 (16 October 1996)

The Industrial Tribunal erred in law by misapplying the burden of proof regarding the reasonableness of refusing alternative employment and by finding no dismissal at common law for wrongful dismissal. The appellants were entitled to redundancy payments and damages for wrongful dismissal.

Citation: [1996] UKEAT 383_96_1610
Parties: Appellants: Messrs Pickles, Howe and Beever; Respondent: V M Fabrications Ltd
Jurisdiction: United Kingdom
Judgment Date: 16 October 1996
Procedural Posture: Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome: Appeal allowed
Legal Topics: Constructive Dismissal, Wrongful Dismissal, Redundancy Payments, Burden of Proof

Employment Law Constructive Dismissal Wrongful Dismissal Redundancy Payments Burden of Proof

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Parties

Messrs Pickles, Howe and Beever

Appellants

V M Fabrications Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

1 Whether the appellants were wrongfully dismissed at common law
2 Whether the appellants were entitled to statutory redundancy payments
3 Whether the Industrial Tribunal misapplied the burden of proof regarding refusal of alternative employment

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Industrial Tribunal's findings on wrongful dismissal and redundancy payments set aside
Respondent to pay redundancy payments and damages for wrongful dismissal to appellants as agreed