Following our previous blog on the importance of getting redundancy selection criteria right, we continue our spotlight on redundancy with a specific focus on considering alternative employment during the redundancy process.
In the recent case of Hendy Group v Kennedy, the Employment Appeal Tribunal (EAT) found that the dismissal of an employee was unfair due to the employer’s failure to consider appropriate alternative employment during a redundancy process. This case serves as a cautionary reminder for employers to ensure that they have properly considered alternative employment when carrying out a redundancy process.
Hendy Group is a car dealership, and at the point of his dismissal, Mr Kennedy was a training manager at its Training Academy. Before working in that role, he had over 30 years’ experience in the motor trade, specifically in car sales. In 2020, a redundancy situation arose, largely as a result of the COVID pandemic, and Mr Kennedy’s role was placed at risk.
The Employment Tribunal (ET) accepted that the redundancy situation was genuine, and that Mr Kennedy’s selection for redundancy was fair. However, Mr Kennedy’s claim for unfair dismissal centred around the fact that no adequate, appropriate or fair consideration had been given to the possibility of him continuing to work for Hendy Group, albeit in a different role.
The ET upheld the claim, finding that Hendy Group had failed in its fundamental duty to consider alternative...
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