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Dabson v David Cover & Sons Ltd - Tribunal judgement not to be scrutinised with fine toothcomb [2011] EAT

An employment tribunal had clearly applied the correct legal test and was entitled to conclude, on the facts as it found them, that dismissal had been fair; it would be inappropriate in such circumstances to subject its judgment to scrutiny with a fine toothcomb.

Mr Dabson worked as a transport manager. He clashed with senior management over open-plan office arrangements and believed that the depot manager, a Mr Taylor, held this against him evermore. When redundancies had to be made in 2009, Mr Taylor was appointed employee representative for the purposes of consultation with the workforce (there was no trade union). Mr Taylor, having secured his own job through a score-based selection process, was left to mark the scores of other managers, one of whom would be redundant. Mr Dabson scored lowest and so was dismissed for redundancy.

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