Redundancy Scoring

[Thanks to Sarah Russell, solicitor at Ventura, for preparing this case summary]

The EAT (HHJ Serota) has handed down its decision in Dabson v David Cover & Sons, which is authority for the proposition that when assessing the fairness of selection for redundancy, the marks awarded in the selection exercise should only be investigated in exceptional circumstances such as bias or obvious mistake.

There had also been an accidental failure to consult the Claimant individually on redundancy. As the only complaint was of unfair dismissal, the only matter to be determined was that the selection was fair in general terms and was applied reasonably in the case of the employee (Buchanan v Tilcon Ltd [1983] IRLR 417). The consultation was found to be adequate for these purposes and failure to consult did not of itself render the dismissal unfair.