The importance of adequate consultation in redundancy selection cases is clearly illustrated in the recent case of Pinewood Repro Ltd v Page. The case confirms that fair consultation during redundancy also involves giving an employee an explanation for why he has received the marking he has in a scoring exercise. In this case, the employee had concerns regarding the marks he received in one section of the scoring (flexibility). The employer failed to engage with the employee and justify the marks he was awarded (or to justify a refusal to remark). The dismissal was found to be unfair.
Ellis Whittam Solicitors, 2010
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