EAT UNFAIR DISMISSAL – Reasonableness of dismissal
Unfair dismissal – redundancy – reduction in number of employees and re-organisation of business – competitive interviews.
The Claimant, deputy director of a business run by the Respondent, applied for a new post created in the course of a reduction in number of members of staff. The Respondent, having provided her with a job description for the new post, changed the job description materially without informing her, and then rejected her candidacy after interviews where it did not carry out its stated policy of fully analysing qualifications, skills, performance, contribution, expertise and potential savings. The Tribunal held the dismissal to be unfair. The Respondent appealed, arguing in particular that the Tribunal failed to apply the reasoning in Morgan v Welsh Rugby Union  IRLR 376.
Held: appeal dismissed. The Tribunal had applied section 98(4) of the Employment Rights Act 1996 appropriately; this was entirely consistent with Morgan; and the Tribunal was entitled to take into account how far the employer established and followed through procedures when making an appointment, and whether they were fair (see Morgan, paragraph 36).
David Richardson J
 UKEAT 0600 – 12 – 1410
England and Wales
Updated: 22 November 2021; Ref: scu.516759