It is relatively well-known that employers have a duty, in individual redundancy situations, to consider whether there is suitable alternative employment before dismissing an employee. Failure to do so is likely to render the dismissal unfair. Here we report on a useful example of when an employer failed to properly look for alternative employment. The EAT did not agree that the tribunal had substituted its own view and felt it had adopted the correct approach when finding the dismissal to be unfair.
Mr Kennedy worked for Hendy Group Ltd (Hendy) as a trainer for car salespeople. With 35 years' experience in the industry, he had spent many years prior to this as a car salesperson. Hendy is a large, national company with offices in many UK cities.
Mr Kennedy was told that his role was likely to be made redundant and took part in two consultation meetings. It was a genuine redundancy and no other employees were in the pool. Just over a week later, his dismissal was confirmed and he was required to return his laptop, and for the rest of his notice period, he no longer had access to the company intranet.
Mr Kennedy spent the remainder of his notice period looking for jobs within the company, which he applied for under his own steam without facilitation from HR. He was unsuccessful for the two interviews he attended. In part, the interviewing managers could not understand his motivation for applying for these roles on the shop floor. When Mr Kennedy failed...
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