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 Notice may only be rescinded if both parties agree.
Costs; strike out; vexatious. The NIRC's description of a 'vexatious' claim or defence, still cited as the standard definition: one pursued not with the expectation of success but to harass the other side or out of some improper motive. The term is now used more widely to include anything that is an abuse of process. The fuller modern formulation is Lord Bingham CJ's in Attorney General v Barker. The definition governs strike-out for vexatious conduct under the Tribunal Rules and the unreasonable-conduct ground for costs.
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.
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.