Badmos v Family Mosaic Housing Association

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.

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