EAT UNFAIR DISMISSAL
Employment Rights Act 1996, section 98(4)
Fairness of dismissal
Before the Employment Tribunal it was agreed that the Claimant was dismissed for the potentially fair reason of redundancy. It was disputed that the test of fairness was satisfied. The Claimant alleged that he was the highest scoring applicant for a new post, which he wished to accept and to which he should have been appointed. ET found he had been unfairly dismissed. Appeal by Employer failed. In the light of the terms of the employer’s policy and past practice, ET was entitled on the evidence to conclude that the imposition of a competency bar in the context of a slotting-in process was outside the band of reasonable responses
Judges:
Supperstone J
Citations:
[2012] UKEAT 0635 – 11 – 1705
Links:
Statutes:
Employment Rights Act 1996 98(4)
Jurisdiction:
England and Wales
Employment
Updated: 03 November 2022; Ref: scu.462921