Mental Health Care (UK) Ltd v Biluan & Anor [2012] UKEAT 0248_12_2802

The Employment Tribunal held that dismissals following a redundancy selection exercise had been unfair principally. The respondent (B) ran homes/hospitals for patients with mental health or learning disabilities. It was decided to incorporate all the nursing and support staff at the hospital into the pool for redundancy. B undertook a redundancy exercise in relation to all the nursing and staff at the hospital. As a result, 19 of a total staff of 58 people were made redundant. The assessment of the employees’ capabilities was based on a series of exercises designed for use in a recruitment context. The assessment focused on 3 main areas:

(1) a competency assessment;

(2) disciplinary record;