EAT Unfair Dismissal : Reasonableness of Dismissal – Unfair dismissal due to redundancy. The Claimants were made redundant by the Respondents along with four other employees. All six made claims of unfair dismissal. The Employment Tribunal held that the dismissal of the two Claimants was unfair but that of the dismissal of the other four employees was fair, holding that the Respondents failed to explain the options properly to the Claimants, leaving them no choice but to accept redundancy. The Respondents argued that the ET judgment was perverse as the same explanation had been given to all employees and was adequate. The Claimants argued that the judgment was sufficient in its reasoning and that the appeal should be refused. It was held that the ET judgment was inadequate as it did not explain properly the way in which the decision had been reached. Thus the ET had erred in law. The appeal is allowed and the case remitted to a fresh tribunal to be reheard.
Stacey J
[2013] UKEAT 0058 – 12 – 1406
Bailii
England and Wales
Employment
Updated: 26 November 2021; Ref: scu.518520