EAT Redundancy : Fairness – Genuine redundancy situation at a solicitor’s firm. Pool of four solicitors in the relevant department. One post must go. Managing partner devises and applies a scoring matrix based on eight criteria. Lowest scorer is longest serving, most experienced solicitor. Tribunal find age discrimination in earlier acts of the managing partner directed towards Claimant and then an unfair dismissal based on an unfair procedure designed to produce the result that the Claimant was selected.
On employer’s appeal, grounds relating to age discrimination withdrawn.
Appeal against unfair dismissal judgment dismissed.
The question for the Tribunal had been whether the dismissal of the Claimant for redundancy had been fair. It decided that it had not been. It delivered a fully reasoned judgment which contained no misdirection or other error of law.
Luba QC Rec
[2013] UKEAT 0551 – 12 – 2511
Bailii
England and Wales
Employment
Updated: 05 December 2021; Ref: scu.527203