Withdrawal of notice; an employer cannot unilaterally withdraw notice of dismissal once it has been given. Notice may only be rescinded if both parties agree.
Unfair dismissal; redundancy; failing to consider an employee for other vacancies makes redundancy unfair.
Redundancy; fairness; dismissal is unfair if the employer made no attempt to find alternative employment.
Redundancy; fairness; failure to consult or look for alternative employment makes redundancy unfair.
1 WLR 1011 - Redundancy; definition; a redundancy situation exists even if the work has just been reorganized.
Redundancy; fairness; laid down the 'Compair Maxam' guidelines: warning, consultation, criteria, alternative work.
Redundancy; selection; a woman selected for redundancy because she was pregnant was unfairly dismissed.
Unfair dismissal; compensation; if a dismissal is procedurally unfair but the employee would have been dismissed anyway, compensation is reduced.
Unfair dismissal; redundancy; an employer can offer alternative employment on reduced terms.
Redundancy; a lack of consultation does not automatically render dismissal unfair (pre-Polkey reversal).
Redundancy; consultation; consultation is fundamental; lack of it usually makes dismissal unfair.
Redundancy; selection; the tribunal cannot check the accuracy of every selection score, only the system's fairness.
Redundancy; place of work; mobility clauses must be exercised reasonably.
Unfair dismissal; redundancy; selection based on union membership is automatically unfair.
Redundancy; selection; employees are not entitled to see the scores of *other* employees in a redundancy pool.
Redundancy; selection; criteria must be objective and applied fairly.
Redundancy; consultation; failure to consult makes dismissal unfair unless consultation would have been futile.
Redundancy; the three-stage test: (1) was the employee dismissed? (2) had the requirements of the business for employees to carry out work of a particular kind ceased or diminished? (3) was the dismissal caused by that state of affairs?
Unfair dismissal; replacement; finding a replacement before dismissing does not necessarily make it unfair.
Unfair dismissal; redundancy; the employer must warn and consult.
Redundancy; the classic definition: a redundancy situation exists if the requirements of the business for employees to carry out work of a particular kind have ceased or diminished.
Unfair dismissal; redundancy; the employer must apply the selection criteria fairly.
Disability; meaning; 'day-to-day activities' includes participation in working life.
Redundancy; consultation; consultation must be 'meaningful' and take place when proposals are still at a formative stage.
Unfair dismissal; redundancy; the tribunal must check if the redundancy pool was defined reasonably.
Maternity; redundancy; the duty to offer a vacancy exists only if there is a 'suitable available vacancy'.
Unfair dismissal; redundancy; competitive selection for a new post in a reorganised structure, where an employer may legitimately use subjective as well as objective criteria. Cited in London Ambulance Service NHS Trust v Garrett [2026] EAT 77 at [87] for the practice that a tribunal's written reasons in a majority decision should set out the reasoning of the minority.
Redundancy; pool; an employer has broad discretion in defining the pool, but it must be applied with genuine thought.
Redundancy; fairness; failure to consult individual employees can render dismissal unfair.
Maternity; redundancy; a woman on maternity leave has priority for suitable alternative vacancies (Reg 10).
EWCA Civ 73 - Redundancy; procedure; failure to consult.
Redundancy; consultation; 'efficiency' requires consultation at a formative stage.
Redundancy; consultation; consultation must be meaningful; using a 'pre-determined' matrix without input is unfair.
Redundancy; withdrawal of notice; notice of dismissal for redundancy stands and cannot be unilaterally withdrawn even if the employer's situation improves.
Redundancy; withdrawal of notice; unconditional notice of termination cannot be withdrawn unilaterally by the employer when business needs change.
Redundancy; rescission; working past the notice date does not automatically imply mutual rescission if the employee insists on redundancy.
Redundancy; binding agreement; a voluntary redundancy agreement is binding and cannot be unilaterally revoked by the employer absent specific conditions.
Redundancy; rescission; a dismissal can be mutually rescinded, effectively reinstating the employee for a period.