Unfair dismissal - lack of appeal alone does not mean redundancy dismissal is unfair

The recent decision in Gwynedd Council v (1) Barratt (2) Hughes in the Court of Appeal examined the relevance of an appeal when determining the fairness of a dismissal for redundancy.

The Court of Appeal found that in redundancy cases the absence of any appeal or review procedure does not of itself make the dismissal unfair—that is to say, if the original selection for redundancy was in accordance with a fair procedure the absence of an appeal is not fatal to the employer’s defence.  

The Court of Appeal ruled that the correct approach for tribunals is to apply a test of fairness to the whole redundancy process and consider whether an employer’s approach is within the ‘band of reasonable responses’. The absence of an appeal is one of the many factors to be considered in determining this.

 As the ‘furlough’ scheme closed at the end of September many employers are unfortunately considering the possibility of redundancies due to the economic downturn caused by the pandemic. This decision is a timely reminder for employers of the importance of following a fair procedure when making staff redundant. Although the lack of an appeal won’t automatically make a redundancy dismissal unfair, it remains good practice to allow employees the opportunity to appeal and will be one of the relevant factors considered by tribunals.