Sanmina Sci UK Ltd v W McCormack - Tribunal not bound of its own motion to consider outcome if redundancy selection had been properly applied  EAT
Sanmina Sci UK Ltd carried out a large redundancy exercise. A Tribunal found that 15 employees were unfairly dismissed. There were failings in collective and individual consultation but the Tribunal found that, even had these not occurred, the employees would have been dismissed in any event. However, the Tribunal also found that there were defects in the way in which some of the criteria for selection were applied. They did not, in relation to these errors, consider whether dismissals would have occurred anyway and the employers advanced no arguments and deduced no evidence about that.