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Request for voluntary redundancy does not prevent consideration of fairness of dismissal and redundancy process (White v HC-One Oval)

Published on: 12 April 2022
Published by: LexisPSL
  • Request for voluntary redundancy does not prevent consideration of fairness of dismissal and redundancy process (White v HC-One Oval)
  • What are the practical implications of this case?
  • What is the background?
  • Relevant law
  • Background facts
  • Decision of the employment tribunal
  • What did the EAT decide?
  • Case details

Article summary

Employment analysis: An employee who requests voluntary redundancy does not necessarily have no reasonable prospects of success in a claim for unfair dismissal. The employee’s complaints about the process that led them to make the request are relevant to issues to be considered as part of a claim for unfair dismissal, including whether there was a potentially fair reason for dismissal (eg whether the dismissal was genuinely for redundancy or for another reason) and the fairness of the dismissal generally (eg whether the correct people were included in the pool for selection), according to the EAT. or take a trial to read the full analysis.

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