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Rover v Short - Did list of issues include "bumping"? Tribunal should have decided [2011] EAT

An employment tribunal must deal with the issues the parties put before it, and if there is a genuine disagreement as to what those issues are, then the tribunal has the responsibility for determining what they are before it proceeds to consider the case; the matter cannot be "left hanging". 

Mr Short suffered with a disablility that meant he could no longer perform the functions required of him in his job on the production track-line. Land Rover had a policy, agreed with the unions and incorporated into a collective agreement, that there would be no "bumping", which in this context meant that an employee could not be moved without his consent. Although there was at least one other job that Mr Short could do, it was not possible to offer him that job because doing so would have meant forcing the employee in that job, who would not move voluntarily, to move to another role. As no further job could be found for him, Mr Short was dismissed.

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