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Redundancy: Discovery of retained employees' assessments ordered

This report relates to 1 case(s)

In FDR Ltd v Holloway, the EAT upholds an industrial tribunal's order that an employee claiming unfair selection for redundancy is entitled to discovery of documents and particulars relating to the other seven employees in the pool for selection who were retained by the employer. Despite the recent strictures of the Court of Appeal in British Aerospace plc v Green [1995] IRLR 433, the EAT says that the documents and particulars are relevant and necessary to the proper determination of the applicant's claim that the selection criteria were unfairly applied in his case.