Valueunion Ltd v. White [2000] UKEAT 875_99_0711 (7 November 2000)

Valueunion Ltd v. White [2000] UKEAT 875_99_0711 (7 November 2000)

The Tribunal's approach to the Polkey principle was correct; the procedural defects were so fundamental that any attempt to reconstruct hypothetical outcomes would be wholly speculative and unsustainable.

Citation
[2000] UKEAT 875_99_0711
Parties
Appellant: Valueunion Limited; Applicant: Mr White
Jurisdiction
United Kingdom
Judgment Date
07 November 2000
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Redundancy, Compensation, Procedural Fairness
Employment Law Unfair Dismissal Redundancy Compensation Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Valueunion Limited

Appellant

Mr White

Applicant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in characterising the reason for dismissal as re-organisation rather than redundancy
  2. 2 Whether the Tribunal erred in law or were perverse in declining to make any assessment of reduction for loss of a chance under the Polkey principle

Ratio Decidendi

The Tribunal's approach to the Polkey principle was correct; the procedural defects were so fundamental that any attempt to reconstruct hypothetical outcomes would be wholly speculative and unsustainable.

Court Disposition

Appeal dismissed

Orders

  • No percentage reduction in compensation
  • Tribunal's decision upheld