EAT Unfair Dismissal : Reasonableness of Dismissal – Redundancy- selection of pool from which person to be selected for dismissal.
Does the statement of Mummery J in the case of Taymech v Ryan [1994] EAT/663/94 that ‘the question of how the pool should be defined is primarily a matter for the employer to determine’ mean that the Employment Tribunal is precluded from holding that a decision by an employer is flawed so that the employee selected by the employer has been unfairly dismissed?
No and the Employment Tribunal was entitled to scrutinise the decision in the light of section 98(4) of the ERA.
Its decision in this case cannot be criticised.
Principles to be applied by Employment Tribunals in cases challenging decisions of employers on selecting the pool from which employees are to be dismissed for redundancy (Paragraph 31).
Judges:
Silber J
Citations:
[2012] UKEAT 0445 – 11 – 2002
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Taymech Ltd v Ryan EAT 15-Nov-1994
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Lists of cited by and citing cases may be incomplete.
Employment
Updated: 05 October 2022; Ref: scu.451465