amazon.co.uk.ltd v Hurdus (Unfair Dismissal : Reasonableness of dismissal) [2011] UKEAT 0377_10_1002 (10 February 2011)

amazon.co.uk.ltd v Hurdus (Unfair Dismissal : Reasonableness of dismissal) [2011] UKEAT 0377_10_1002 (10 February 2011)

The Employment Tribunal erred by substituting its own view for that of the employer and failing to apply the correct legal test of reasonableness under section 98(4) ERA 1996; the employer's selection matrix and efforts to find alternative employment were within the range of reasonable responses, making the dismissal fair.

Citation
[2011] UKEAT 0377_10_1002
Parties
Appellant: Amazon.co.uk; Respondent: Mr Hurdus
Jurisdiction
United Kingdom
Judgment Date
10 February 2011
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision reversed; finding of fair dismissal substituted.
Legal Topics
Unfair Dismissal, Redundancy, Reasonableness of Dismissal, Selection Procedure, Alternative Employment
Employment Law Unfair Dismissal Redundancy Reasonableness of Dismissal Selection Procedure Alternative Employment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Amazon.co.uk

Appellant

Mr Hurdus

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether the dismissal for redundancy was unfair under section 98(4) Employment Rights Act 1996
  2. 2 Whether the selection procedure and consideration of alternative employment were reasonable

Ratio Decidendi

The Employment Tribunal erred by substituting its own view for that of the employer and failing to apply the correct legal test of reasonableness under section 98(4) ERA 1996; the employer's selection matrix and efforts to find alternative employment were within the range of reasonable responses, making the dismissal fair.

Court Disposition

Appeal allowed; Employment Tribunal decision reversed; finding of fair dismissal substituted.

Orders

  • Finding of unfair dismissal set aside
  • Finding of fair dismissal substituted