Mental Health Care (UK) Ltd v Biluan & Anor  UKEAT 0248_12_2802Posted In: Case Law
Case ReferenceUKEAT 0248_12_2802
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionRedundancy and Reorganisation
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;
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