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17 May 2012
Employment Appeal Tribunal (EAT)
Master of the Rolls, Baroness Drake of Shene and Mrs A Gallico
The fact that redundancy selection criteria involve an element of judgment does not mean that they are ‘wholly subjective' and therefore unfair.
T was made redundant from his position as Property Manager of a brewery, due to the company's adverse trading position. He was one of five senior managers. He was selected because the company considered his position could be lost with the least detrimental effect on the business and his job could be most easily absorbed by others. A tribunal concluded his dismissal was unfair because, among other things, the criteria for selection were wholly subjective and the company had not given proper consideration to whether any of the other senior managers could have been made redundant instead. The tribunal considered that there was nevertheless a 20% chance that, had the company acted fairly, he would still have been selected for redundancy.
The status of employment rights on the transfer of an undertaking is an extremely complex area of...