EAT REDUNDANCY – Fairness
Redundancy dismissals. Employment Tribunal found dismissals following a TUPE transfer to be unfair having scrutinised the selection system used and found that there was a risk of unfairness in the absence of ‘some system for moderating’ two sets of scores for two groups of employees – one group having previously been in the employment of the transferee (the Respondent) and the other having previously been in the employment of one of two transferor companies. The Tribunal did not further explain what they had in mind when referring to ‘moderation’. There were no findings of the risk identified having given rise to actual inconsistency as between the two sets of scores or of what would have been liable to have been the outcome if some system of moderation had been applied. On appeal found that the Tribunal had erred in law. It was not open to them to conclude that the dismissal of the Claimants was unfair by reason of the risk identified by them.
Citations:
[2011] UKEAT 0051 – 10 – 1702
Links:
Employment
Updated: 03 September 2022; Ref: scu.430454