Tribunal watch

26 August, 2011
Page 27 

Dismissal - redundancy scoring

More advice from the Employment Appeal Tribunal, which has said that, when assessing the fairness of selection for redundancy, the marks awarded in the selection exercise should only be investigated in exceptional circumstances such as bias or obvious mistake.

In Dabson v David Cover & Sons, there was an accidental failure to consult the claimant individually. As the only complaint was of unfair dismissal, the tribunal had to decide whether the selection was fair generally and was applied reasonably in the case of the employee.

The consultation was found to be adequate for these purposes and the failure to consult did not itself make the dismissal unfair.





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