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United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Dudson v Deepdene School [1997] UKEAT 674_97_0610 (6 October 1997)
URL: http://www.bailii.org/uk/cases/UKEAT/1997/674_97_0610.html
Cite as: [1997] UKEAT 674_97_610, [1997] UKEAT 674_97_0610

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BAILII case number: [1997] UKEAT 674_97_0610
Appeal No. EAT/674/97

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
             At the Tribunal
             On 6 October 1997

Before

HIS HONOUR JUDGE H J BYRT QC

LORD GLADWIN OF CLEE CBE JP

MR J R RIVERS


MRS C DUDSON APPELLANT

DEEPDENE SCHOOL RESPONDENT

Transcript of Proceedings

JUDGMENT

Revised

© Copyright 1997

    APPEARANCES

     

    For the Appellant MR G CHAPLIN
    (Representative)
       


     

    JUDGE BYRT QC: This is an ex parte hearing on an appeal against the decision of the Industrial Tribunal sitting at Brighton in March 1997, when they dismissed the applicant's application for unfair dismissal.

    The applicant was a school teacher employed by the respondent between April 1991 and 31st December 1995, on which date she was declared redundant.

    It is plain that the school had been in some financial difficulties. On 12th May, as the Industrial Tribunal found, the Management Board came to the decision that the applicant's position at the school would be made redundant.

    The applicant, now the appellant, was not warned of this position until 17th May. It is axiomatic following the case of Willaims v Compair Maxam that there must be adequate consultation with the individual concerned before a dismissal can be found to be fair. The issue here is whether there was any and, if so, what consultation was conducted with the applicant before she was told that she would be made redundant.

    We think that in the circumstances that there is an arguable case to go to a full hearing and we so order.

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URL: http://www.bailii.org/uk/cases/UKEAT/1997/674_97_0610.html