Gwynedd Council v Barratt & Others [2021]
Decision Number: EWCA Civ 1322 Legal Body: Court of Appeal (England and Wales)
Published on: 08/09/2021
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Background

The claimants were employed by teachers at a community secondary school (referred to in the judgment as School 1). There was a reorganisation of the local education provision and School 1 was closed and it was replaced with School 2 (at the same location).  A temporary governing structure for the new school was established to determine staffing structure.   This led to all employment contracts being terminated vis-à-vis School 1.  This led to those staff, the claimants, having to apply for jobs and go through an interview process.   The corollary being that unsuccessful candidates would be made redundant.

The claimants were unsuccessful and were made redundant.  The issue was that they claimed there were not given an opportunity to

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 08/09/2021