Samels v University of Creative Arts

Samels v University of Creative Arts

The employment tribunal was entitled to find that the pool consisted of only Mr Samels, as he was the sole grade 5 equipment technician at the relevant time, and the employer had genuinely applied its mind to the pool's definition. The tribunal's decision was not irrational or perverse.

Parties
Applicant: Ian Samels; Respondent: University for the Creative Arts
Jurisdiction
England and Wales
Judgment Date
28 June 2012
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Redundancy, Unfair Dismissal, Selection Pool, Alternative Employment
Employment Law Redundancy Unfair Dismissal Selection Pool Alternative Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Ian Samels

Applicant

University for the Creative Arts

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the identification of the redundancy pool was fair
  2. 2 Whether the employer acted in good faith in selecting the pool
  3. 3 Whether alternative employment should have been included in the pool

Ratio Decidendi

The employment tribunal was entitled to find that the pool consisted of only Mr Samels, as he was the sole grade 5 equipment technician at the relevant time, and the employer had genuinely applied its mind to the pool's definition. The tribunal's decision was not irrational or perverse.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed