Redundancy – Trial Period – Not Landmark
Despite having had the matter remitted from the Employment Tribunal on two previous
occasions, an Employment Tribunal failed to follow the guidance given, and failed to identify the correct issue which it had to determine given a conceded failure by the Respondent to offer the Claimant a trial period in relation to an offer of a new position following redundancy. That issue was the fairness of the dismissal.
The Employment Tribunal failed to have regard to undisputed evidence as to the benefit to the Claimant of such a trial period, and confused the issue before them with the outcome of any trial period, which was an entirely separate issue.
The matter was remitted to a fresh Employment Tribunal.
Citations:
[2018] UKEAT 0089 – 18 – 2109
Links:
Jurisdiction:
England and Wales
Employment
Updated: 14 July 2022; Ref: scu.630727