A defect of the consultation procedure in a redundancy which could make a dismissal unfair, was capable in some circumstances of being corrected by the company in its appeal procedure. The appellant had not originally been informed of the criteria for selection for redundancy, but having been informed, and that defect was cured in the appeal procedure. In this respect redundancy situations are not different from others.
EAT Unfair Dismissal – Procedural Fairness
Judges:
His Honour Judge Peter Clark
Citations:
Gazette 08-Dec-1999, EAT/1116/98, [1999] IRLR 782, [1999] UKEAT 1116 – 98 – 0107
Links:
Citing:
Cited – Regina v British Coal Corporation, Ex Parte Price and Others QBD 28-May-1993
British Coal had the power to close coal mines once the unions had been consulted. The court gave guidance on the extent of consultation necessary.
Held: Fair consultation will involve consultation while consultations are at a formative stage; . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 06 June 2022; Ref: scu.171642