Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal has held that the employment tribunal was wrong to find that the absence of a system of moderating two sets of redundancy scores following a TUPE transfer rendered the selection process unfair.
This case serves as a warning to employers always to calculate redundancy selection scores carefully, as mistakes can render a dismissal unfair even if they are identified only after the employee's appeal.
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.
This case deals with a common issue in redundancy situations: the discounting of disability-related absences when scoring against a "sickness absence" criterion.