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Unfair dismissal remedies: Compensation reduction should be based on actual selection criteria

This report relates to 1 case(s)

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    Smith v Avana Bakeries Ltd [1979] IRLR 423 EAT (0 other reports)

An industrial tribunal was wrong to assess compensation on the basis that the employee's dismissal would have been inevitable if the agreed redundancy selection criteria had been applied in his case when, in reality, his selection had been based on other considerations, holds the EAT in Smith v Adwest Engineering Ltd. Compensation should have been assessed on the basis of the employee's prospects of being kept on if he had been made aware of the actual selection criteria adopted, and had been given an opportunity to state his case in that context.

Mr Smith was employed by Adwest Engineering Ltd as production engineer at its Sunderland plant.