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Redundancy: Employer was entitled to determine narrow pool for redundancy selection

This report relates to 1 case(s)

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    Lomond Motors Ltd v Clark EATS/0019/09 (1 other report)

    • Lomond Motors Ltd v Clark

      7 September 2009

      The Employment Appeal Tribunal has held that an employer's choice of who to include in a redundancy selection pool was within the range of reasonable responses because it was based on genuine, sound business reasons. Employers should be afforded a good deal of flexibility in the determination of the pool of selection for redundancy.

In Lomond Motors Ltd v Clark EATS/0019/09, the EAT held that an employment tribunal had erred in finding a dismissal unfair on the grounds that the redundancy selection pool had been incorrectly drawn. The tribunal had substituted its own view for that of a reasonable employer. The tribunal had further erred in its assessment of compensation.