EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements – REDUNDANCY – Fairness
The employee was one of five employees working in a department of the employer’s transport undertaking. There were two controllers, one manager, and two administrative assistants. In a downturn of business, the employer decided to close the ‘desk’, but keep the two administrative assistants doing the same job as before. An appeal on the basis that the Tribunal should have found that the dismissal of the manager was unfair because there should have been selection criteria, consultation leading to the adoption of those criteria, the Claimant manager considered for appointment to a subordinate position, and that the decision to the contrary was perverse was dismissed: on the facts, the Tribunal had been entitled to regard the relevant posts as all being redundant such that no selection criteria were required, since no choice as between candidates for dismissal by reason of the redundancies was involved.
Judges:
Langstaff J
Citations:
[2011] UKEAT 0418 – 10 – 1705
Links:
Jurisdiction:
England and Wales
Employment
Updated: 13 September 2022; Ref: scu.441167