EAT Unfair Dismissal : Reasonableness of Dismissal – The Claimant appealed against the Employment Tribunal’s dismissal of his complaint of unfair dismissal. The issue was the ET’s approach to the overall reasonableness of the dismissal in a redundancy situation, and specifically to the employer’s efforts to find suitable alternative employment.
The ET were found to have erred in focussing on the narrow issue of whether a particular post, identified by the Claimant as offering suitable alternative employment for him, was vacant because it was under review; and in failing to resolve questions relating to that post, which were clearly relevant to the overall question of the reasonableness of the Claimant’s dismissal as at the time it occurred.
Case remitted for re-hearing before a freshly constituted Tribunal.
Cox J DBE
[2014] UKEAT 0094 – 13 – 2101
Bailii
England and Wales
Employment
Updated: 05 December 2021; Ref: scu.527194