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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.

Legal Alert

This update was published in Legal Alert - January 2014

Legal Alert is a monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.

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.

Operative date

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