Redundancy
by Philip
The EAT in Look Ahead Housing and Care Limited v Odili & Mendes has once again confirmed, following British Aerospace v Green, that it is not the job of the Employment Tribunal to substitute its view for that of the employer when considering the fairness of a redundancy dismissal.
The Tribunal should consider whether the employer’s decision to dismiss was one that a reasonable employer would have taken in the circumstances. This is different to the question of whether the Tribunal would have selected the same person for redundancy.
Neither is the correct test whether there was bad faith on the part of the employer. According to both the EAT and the Court of Appeal in Mercy v Northgate HR, bad faith is hard for an employee to establish and is more than he is required to establish to show unfairness.
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