Redundancy: "Sham" appeal process rendered selection unfair

An assessment system under which employees were selected for redundancy without individual consultation on the basis of undisclosed marks awarded by their employer gave employees no meaningful opportunity to challenge the decisions made, holds the EAT in John Brown Engineering Ltd v Brown and others [1997] IRLR 90. This lack of information rendered the appeal system in the selection process a sham, and the industrial tribunal was entitled to conclude that in all the circumstances the applicants had been unfairly dismissed.