Case law: refusal to make one employee voluntarily redundant made another's compulsory redundancy unfair
Employers must take into account one employee's wish to take voluntary redundancy before making another redundant - or risk a finding of unfair dismissal.
This update was published in Legal Alert - January 2014
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An employee scored one less point than a co-worker in a redundancy exercise. The co-worker wanted to take voluntary redundancy, but this was refused and the lower-scoring employee was made redundant. The co-worker subsequently resigned.
The Employment Tribunal ruled that the decision to dismiss him was one which no reasonable employer could have taken and the dismissal was therefore unfair.
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