A fair redundancy procedure will involve the employer taking reasonable steps to consider whether the employer may be suitable for any internal vacancies. A recent EAT decision highlights the risk that a genuine redundancy dismissal may be rendered unfair if the employer fails to assist the search for suitable alternative employment.
K had worked for a well-known car dealership for around seven years when the pandemic led to a genuine redundancy situation in 2020. At the time, K worked as a sales trainer in the dealership’s training academy, but he had previously managed a new car dealership for them and had over 30 years’ experience in the new and used car sales industry. Whilst K accepted there was a genuine redundancy situation and that his redundancy selection was fair, he brought an unfair dismissal claim. The employment tribunal upheld K’s unfair dismissal claim, primarily due to the employer’s failure to assist K in his search for suitable alternative employment.
The EAT subsequently dismissed the employer’s appeal and upheld the tribunal’s decision. The EAT held that the tribunal had been entitled to decide that K’s dismissal was unfair because the employer had not properly discharged its duty to assist K’s search for suitable alternative employment amongst the numerous internal vacancies which arose during his notice period. Notable failings included:
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