At the Tribunal | |
Before
MR COMMISSIONER HOWELL QC
MS S R CORBY
MR I EZEKIEL
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
PRELIMINARY HEARING
For the Appellant | MR FALKENSTEIN (Of Counsel) Messrs Snowball Worthy Lowe Solicitors 51 St John Street Sunderland SR1 1QN |
MR COMMISSIONER HOWELL QC
"The implementation of a new tooling system created a diminution in the requirement for employees to carry out the kind of work for which the Applicant was employed and in the circumstances it was necessary for the Respondent to implement a redundancy in the area with which the Applicant was concerned known as 'Tooling'"
Mr Wilson was employed as a turner, operating a turning machine manually.
"The question for the Tribunal is was there a diminution in the need for employees to carry out work of that kind?".
They then expressed their conclusion, and the reasons for it, in the following passage
"Subsequent to Mr Wilson's dismissal, another worker has been transferred into the section and an apprentice has been appointed to a full time position. Accordingly the Respondent did not satisfy the Tribunal that there had been a diminution in the need for employees to carry out work of that kind. In consequence the Tribunal finds that the Respondent has not shown a reason for the dismissal of Mr Wilson"