EAT UNFAIR DISMISSAL – Reasonableness of Dismissal
The Employment Tribunal held that dismissals following a redundancy selection exercise had been unfair principally because employees’ capabilities had been assessed entirely on the basis of a series of exercises designed for use in a recruitment context and had taken no account whatever of their past performance; the results had been acknowledged by the managers in question to be ‘surprising’ and to have led to the selection of some ‘very good workers’, but they had not been revisited because the process was thought to have been ‘robust’.
HELD, dismissing the appeal, that although some of the Tribunal’s subsidiary reasons for finding the dismissals to have been unfair (and in particular its criticism of the Appellant’s consultation) were flawed, its primary reason was unimpeachable.
Judges:
Underhill J
Citations:
[2012] UKEAT 0248 – 12 – 2802
Links:
Jurisdiction:
England and Wales
Employment
Updated: 14 November 2022; Ref: scu.471284