Practical guidance on deciding which employees to include in a redundancy pool as part of a redundancy selection process, including when to consider "bumping".
The interesting issue for the employment tribunal to decide in this case was whether an employee who got into an argument with her employer resigned or was dismissed.
A 62-year-old worker who was made redundant was awarded over £27,000 for age discrimination and unfair dismissal, in a stark warning for employers that allow their redundancy selection procedure to be tainted by age bias.
In Secretary of State for Justice v Mansfield EAT/0539/09, the EAT held that the postponement of disciplinary proceedings pending the outcome of criminal proceedings in respect of the employee's alleged misconduct did not render his eventual dismissal unfair.
In Salford Royal NHS Foundation Trust v Roldan [2010] EWCA Civ 522 CA, the Court of Appeal held that an employment tribunal was entitled to find a dismissal unfair where the reason for the dismissal included an allegation about a secondary incident that had not been particularised, and where there had been a failure to investigate a key dispute of fact between the accuser and accused.