Employment Law Bulletin reports on a recent case of unfair dismissal during a period of reorganisation and redundancy, in which the EAT found in favour of the Claimant.
When four senior management posts were reduced to two, which included a new Business Development Manager position, the Claimant took the decision to apply as she considered the vacancy comparable to her role.
Before interviews took place, the responsibilities of the new position were extended and another candidate was also considered. Neither of these developments was brought to the attention of the Claimant. Subsequently the Claimant was unsuccessful at interview and dismissed.
At the hearing the EAT concluded that amending the job description and introducing a new candidate, both without the knowledge of the Claimant, gave the competition an unfair advantage at interview, which lead to the Respondent failing to consider the Claimant in a fair manner and dismissing the Claimant unfairly.
Read more at: Unfair dismissal: Redundancy/ Reorganisation
