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Unfair dismissal – Redundancy. The Employment Appeal Tribunal (EAT), in dismissing the employee's appeal against the employment tribunal's finding that the employee had been unfairly dismissed, ruled that it had been wrong for the employment tribunal to substitute its own view for that of the employer in relation to the redundancy pool issue. However, it found that the tribunal had gone on to made further findings as to the selection process, which had supported its conclusions that: (1) the dismissal had been unfair; and (2) for the purpose of the complaints of race discrimination, the burden of proof had shifted and the employer had not discharged that burden. Accordingly, the EAT affirmed the tribunal's findings notwithstanding its conclusion on the redundancy pool issue.
Unfair dismissal – Redundancy. The Employment Appeal Tribunal (EAT), in dismissing the employee's appeal against the employment tribunal's finding that the employee had been unfairly dismissed, ruled that it had been wrong for the employment tribunal to substitute its own view for that of the employer in relation to the redundancy pool issue. However, it found that the tribunal had gone on to made further findings as to the selection process, which had supported its conclusions that: (1) the dismissal had been unfair; and (2) for the purpose of the complaints of race discrimination, the burden of proof had shifted and the employer had not discharged that burden. Accordingly, the EAT affirmed the tribunal's findings notwithstanding its conclusion on the redundancy pool issue.
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
Modernising communication and collaboration at a leading Chancery set. A Zexi case study
How to build profile without compromising professional duties. By Naumaan Farooq, Co-Founder of Inked PR
Marie Law, Director of Toxicology at AlphaBiolabs, examines the role of cut-off levels, and the wider range of factors that must be considered when interpreting results for family court proceedings
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base
