The Employment Appeals Tribunal has confirmed in the case of Dabson v David Cover & Sons Limited that it is not appropriate for an Employment Tribunal to scrutinise marking in redundancy selections in the absence of obvious mistake or absence of good faith. This adds some clarity to the general position that redundancy scoring exercises are not going to be investigated by Employment Tribunals unless there are exceptional circumstances such as bias or obvious mistake. If an employer acts fairly and reasonably in carrying out any redundancy scoring exercises any faults in strict procedure may be overlooked. That ‘may’ should be approached with caution however – a sensible employer will take steps to ensure that the test is carried out as fairly as possible.
For further advice and assistance regarding the above matter please contact our employment team.
