the full text of this judgment is available free of charge on the BAILII website
Representation:-
Mr T. Nesbitt instructed by Messrs Irwin Mitchell, Solicitors, Imperial House, 31 Temple Street, Birmingham B2 5DB for Mrs Bansi, the appellant
Ms C. McCann instructed by Messrs Berwin Leighton Paisner, Solicitors, Adelaide House, London Bridge, London EC4R 9HA for Alpha Flight Services, the respondent.
Authority for the proposition that:-
- when redundancy dismissals are in contemplation the pool of employees from which those to be made redundant will be selected need not be limited to persons actually doing the work for which the requirement had diminished but can also include those who can potentially do such work and it is for the employer to select the appropriate skills it wishes to retain;
- past absence from work is an acceptable and standard factor to take into account in redundancy selection exercises, especially when agreed with unions, as it enables an employer to make objective rather than subjective decisions.
For relevant general notes see Redundancy/selection for redundancy/a general note .
FINISH>