In this appeal (1) Ashford School and (2) The Church Schools Company (the Appellants) appeal against the decision of the Employment Tribunal held at London (South) on 28 and 29 March 2000, and promulgated on 11 April 200. The Respondents to the appeal (the Applicants before the Tribunal) are (1) Mrs S.C. Nixon (2) Ms Toni Jones and (3) Mr Eric Samson (the Respondents).
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This is an appeal at the instance of the employer against a decision of the Employment Tribunal declaring that the cessation of a payment known as the essential car users allowance amounted to an unauthorised deduction of wages contrary to section 13 of the Employment Rights Act 1996.
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Redundancy – Fairness
The tribunal did not direct their minds to at least two factors, which should have been taken into account. The first is the likelihood of selection for dismissal because of redundancy, even if Mr Standivan had been in the right pool; and secondly, the quantification of the applicant’s entitlement to continuing full pay while sick-certificated, which he had not exhausted at the time of the dismissal. It seems to us, therefore, that this matter should go back to the tribunal for them to consider ...
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