Williams v Compare Maxam [1982] IRLR 83

• Plaintiffs were dismissed when a Defendant decided to cut labour costs to keep the business viable.

• Team leaders were asked to decide who to retain in the interests of the business (no criteria - just personal preference) and the trade union wasn’t consulted.

• EAT held that Plaintiff was unfairly dismissed because the redundancy was carried out in contravention of the objective (industrial) standards of fair treatment generally accepted by employers.

  • If no tribunal, properly directing itself in law could come to the decision, then it can be appealed (NB appeals against tribunals can only be on the basis of error of law).

BW J

• Objective industry standards can be applied by the employment tribunals, which include lay experts in their composition.

• The employer has to show that there was sufficient reason to sack the applicant employee in particular (not employees in general).

• A redundancy will be reasonable if Plaintiff consulted with employees and unions so as to consider alternatives, e.g. reorganisations.

  • The employer must select objectively fair criteria and apply those, considering representations made by the union and possible alternatives.

  • Selection must not be based on personal whim.