Case report round-up: EAT disagrees that subjective selection criteria were unacceptable

XpertHR's latest case reports cover:

EAT disagrees that subjective selection criteria were unacceptable In Mitchells of Lancaster (Brewers) Ltd v Tattersall EAT/0605/11, the EAT disagreed with the tribunal's finding that the redundancy selection criteria were unacceptable because they were subjective - although criteria of this type involve matters of judgment, this does not mean that they cannot not be assessed in a dispassionate or objective way. (Personnel Today)
Redundancy: Dismissals because of expiry of fixed-term contracts did not trigger collective redundancy consultation obligations In University of Stirling v University and College Union [2012] IRLR 266 EAT, the EAT held that dismissals because of the expiry of fixed-term contracts were for a reason related to the employees concerned. Accordingly, they were not redundancy dismissals within the meaning of s.195 of TULR(C)A, and did not trigger the statutory duty on the employer to consult in respect of collective redundancies. (Employment Review)
Sexual orientation discrimination: Homophobic comments discovered in archived case file were discriminatory In Bivonas LLP and other v Bennett EAT/0254/11, the EAT held that an employment tribunal was entitled to find that “offensive and insulting” homophobic comments in a written memorandum plainly constituted a detriment to the gay lawyer who was the subject of the comments. (Employment Review)

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