EAT Unfair Dismissal : Reasonableness of Dismissal – REDUNDANCY – Fairness
Employment Tribunal’s approach to Respondent’s identification of the pool for selection for redundancy.
Held: (applying Taymech Ltd v Ryan EAT/0663/94 and Capita Hartshead Ltd v Byard UKEAT/0445/11): the Employment Tribunal had erred in law in substituting its view for that of the employer in this case. Notwithstanding that error, however, the Tribunal had gone on to make further findings as to the selection process, which supported its conclusions that (1) the dismissal was unfair and (2) for the purpose of the complaints of race discrimination, the burden of proof had shifted and the Respondent had not discharged that burden. Those further findings stood notwithstanding the EAT’s conclusion on the redundancy pool issue. The appeal was accordingly dismissed.
Eady QC HHJ
[2013] UKEAT 0042 – 13 – 0303
Bailii
England and Wales
Employment
Updated: 10 January 2022; Ref: scu.559949