Swinburne & Jackson LLP v Simpson (Redundancy : Fairness) [2013] UKEAT 0551_12_2511 (25 November 2013)

Swinburne & Jackson LLP v Simpson (Redundancy : Fairness) [2013] UKEAT 0551_12_2511 (25 November 2013)

The Tribunal found that the redundancy selection process was unfair and designed to select the Claimant for redundancy, and that the dismissal was not the result of a fair application of fair criteria. The Tribunal provided sufficient reasons and did not misdirect itself in law or impermissibly reassess the employer's scoring.

Citation
[2013] UKEAT 0551_12_2511
Parties
Claimant: Ms C A Simpson; Respondent: Messrs Swinburne & Jackson LLP
Jurisdiction
United Kingdom
Judgment Date
25 November 2013
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Redundancy, Unfair Dismissal, Age Discrimination, Sex Discrimination, Fairness of Redundancy Procedures
Employment Law Redundancy Unfair Dismissal Age Discrimination Sex Discrimination Fairness of Redundancy Procedures

Case Brief

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Parties

Ms C A Simpson

Claimant

Messrs Swinburne & Jackson LLP

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the dismissal of the Claimant for redundancy was fair
  2. 2 Whether the redundancy selection criteria and process were fair and fairly applied
  3. 3 Whether the Tribunal misdirected itself in law regarding objective and subjective criteria

Ratio Decidendi

The Tribunal found that the redundancy selection process was unfair and designed to select the Claimant for redundancy, and that the dismissal was not the result of a fair application of fair criteria. The Tribunal provided sufficient reasons and did not misdirect itself in law or impermissibly reassess the employer's scoring.

Court Disposition

Appeal dismissed

Orders

  • The Tribunal's judgment of unfair dismissal stands
  • No further orders issued