Lomond Motors Ltd v Clark: EAT 7 Jul 2009

EAT Redundancy pool. Circumstances in which Employment Appeal Tribunal held that the Tribunal had erred and substituted its own view for that of the reasonable employee. The claimant agreed that there was a redundancy and that all aspects of the procedure adopted other than the selection of the pool had been fair. Appeal upheld and judgment of the Tribunal set aside. If they had not done so, the Employment Appeal Tribunal would, in any event, have set aside the award in respect of future loss of earnings insofar as it was based on an assumption of continuing payment of bonus (an assumption which was made without any basis in findings in fact and relating to the car industry in a recession).

Citations:

[2009] UKEAT 0019 – 09 – 0707

Links:

Bailii

Employment

Updated: 30 July 2022; Ref: scu.372606