The Appellant, the Claimant below, challenged the fairness of his dismissal, which the Respondent said was for redundancy, on three grounds. These were (1) the purported redundancy reason was a sham; (2) there was no redundancy situation; and (3) even if the dismissal was by reason of redundancy, the dismissal was unfair. The Employment Tribunal fully addressed grounds (1) and (3) but, in relation to ground (2), the Tribunal simply stated its finding that there was a genuine redundancy situation, and did not explain or give reasons for its conclusion.
The appeal is allowed on this ground and the issue of whether there was a genuine redundancy situation is remitted to a differently-constituted Employment Tribunal.
The second ground of appeal, perversity, is dismissed.
Citations:
[2020] UKEAT 0237 – 19 – 2807
Links:
Jurisdiction:
England and Wales
Employment
Updated: 31 October 2022; Ref: scu.653915