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First Scottish Searching Services Ltd v McDine and Middleton - a risk of unfairness does not mean that selection for redundancy is unfair

A mere risk of unfairness in a redundancy selection process (with no demonstration of actual unfairness) will not give those selected for redundancy the right to succeed in unfair dismissal claims.

Mr McDine and Mr Middleton were employed by a business called SPH.  That business was acquired by First Scottish Searching Services Ltd and by virtue of the TUPE regulations Mr McDine's and Mr Middleton's employment contracts automatically transferred to First Scottish Searching Services.

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