Aramark (UK) Ltd v Fernandes (Unfair Dismissal – Reasonableness of Dismissal): EAT 13 Mar 2020

In this case, the Employment Appeal Tribunal (EAT) was asked to interpret Section 98(4) of the Employment Rights Act 1996 (the 1996 Act) and decide whether in failing to place an employee whose post had become redundant on a list of workers whose services could be called upon if required, the employer had acted unreasonably within the meaning of s.98(4)(a). The EAT held that since placing the employee on the List would not avoid the redundancy, the failure was not within the scope of the section. The EAT allowed the appeal.
References: [2020] UKEAT 0028 – 19 – 1303
Links: Bailii
Jurisdiction: England and Wales

Last Update: 23 September 2020; Ref: scu.653912