Asif v Elmbridge Borough Council (Redundancy : Fairness) [2011] UKEAT 0395_11_1910 (19 October 2011)

Asif v Elmbridge Borough Council (Redundancy : Fairness) [2011] UKEAT 0395_11_1910 (19 October 2011)

The appeal on redundancy is reasonably arguable and should proceed to a full hearing, particularly regarding the Claimant's selection when another employee was leaving and her consideration under the redundancy policy. The equal pay appeal is dismissed as the Tribunal correctly found a genuine material factor defence based on skills and experience.

Citation
[2011] UKEAT 0395_11_1910
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
19 October 2011
Procedural Posture
Employment Appeal / Preliminary Hearing on Appeal
Outcome
Partial permission to appeal granted; equal pay appeal dismissed.
Legal Topics
Redundancy, Unfair Dismissal, Equal Pay, Material Factor Defence
Employment Law Redundancy Unfair Dismissal Equal Pay Material Factor Defence

Case Brief

Summary, issues, holding and outcome

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing on Appeal

Legal Issues

  1. 1 Whether the Claimant was unfairly selected for redundancy when another employee was leaving
  2. 2 Whether the Respondent had a genuine material factor defence to the equal pay claim

Ratio Decidendi

The appeal on redundancy is reasonably arguable and should proceed to a full hearing, particularly regarding the Claimant's selection when another employee was leaving and her consideration under the redundancy policy. The equal pay appeal is dismissed as the Tribunal correctly found a genuine material factor defence based on skills and experience.

Court Disposition

Partial permission to appeal granted; equal pay appeal dismissed.

Orders

  • Amended grounds of appeal on redundancy to proceed to full hearing, subject to Respondent's objection within 14 days.
  • Equal pay appeal dismissed.