Quante Telecommunications Ltd v Clark

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

JUDGE BYRT QC : This is an ex parte hearing in an appeal from a decision of the Industrial Tribunal sitting at Bury St Edmunds in October 1996. On that occasion it held that Mr Clark, the applicant, had been unfairly dismissed and he was awarded compensation of �1,552.80 which was reduced on review to �1,094.61. The employers now appeal.

The employees in that section, including the applicant, were informed on 1st April 1996 that the management was minded to close the section. They sought voluntary redundancies and indicated that they wished to have answers by 9th April 1996, a date only the some of nine days hence, in the midst of which Easter intervened.

On 9th April the management gave their formal decision that the section was to be closed and the workers were given notice amounting to some 12 weeks. During that period, there were two subsequent consultative meetings, namely on 23rd April and 5th June. On 2nd July Mr Clark left in accordance with the notice that had been given to him, no alternative employment having been found for him.

The question then is one of compensation. The Industrial Tribunal allowed compensation based upon an eight week period, and did so on the basis that consultation ran concurrent with the notice, and in particular the fact that, even according to the employers own evidence, the last date of consultation was 5th June. They therefore selected the eight week period.