EAT UNFAIR DISMISSAL – Reasonableness of dismissal
Redundancy. Application of selection criteria. Appeal against Employment Tribunal’s finding of unfair dismissal upheld in circumstances where they had re-marked the scores of the Claimant and another employee so as to arrive at equal scores and concluded that, ‘therefore’, the Claimant was unfairly dismissed. The Tribunal had embarked on an exercise that was not open to it, there was no indication that it had applied the correct statutory test and it had substituted its own view without considering what would have been the approach of a reasonable employer. Appeal allowed and claim dismissed.
Judges:
Lady Smith
Citations:
[2010] UKEAT 0045 – 09 – 2206
Links:
Employment
Updated: 25 August 2022; Ref: scu.425005