Practice and Procedure – Unfair Dismissal – Redundancy – Held (allowing the appeal in part)
1. The Employment Tribunal erred by not considering the issues of whether the employer had carried out a reasonable consultation, adopted a fair basis on which to select for redundancy or taken reasonable steps to seek alternative employment for employees threatened with redundancy, in circumstances where the parties had not expressly or impliedly agreed that those issues did not arise in the case (applying Langston v Cranfield University [1998] IRLR 172), and/or by not giving sufficient reasons in relation to those issues.
2. The Employment Tribunal did not err in law when it decided that there was a redundancy as defined by section 139(1)(b) of the Employment Rights Act 1996, and it gave sufficient reasons for that conclusion.
Judges:
The Honourable Mr Justice Bourne
Citations:
[2022] EAT 53
Links:
Jurisdiction:
England and Wales
Employment
Updated: 13 July 2022; Ref: scu.679134