Williams v Compair Maxam Ltd

A fair redundancy dismissal normally requires warning and consultation, objective selection criteria fairly applied, and consideration of alternative employment.

Citation
[1982] ICR 156
Court
Employment Appeal Tribunal
Year
1982
Subject
Employment Law
Topic
Unfair dismissal

Facts

Compair Maxam had to make a number of employees redundant. The managers selected those to be dismissed by choosing the employees they wished to keep, on the basis of their personal opinions, without consulting the trade union, applying objective criteria, or warning the employees. Several of those dismissed claimed unfair dismissal. The tribunal held that the dismissals were fair.

Legal principle

The Employment Appeal Tribunal held that the dismissals were unfair. Browne-Wilkinson J said that, in cases where employees are represented by an independent trade union, reasonable employers will seek to act in accordance with certain principles: giving as much warning as possible of impending redundancies, consulting the union about the best means of achieving the desired management result fairly and with as little hardship as possible, establishing criteria for selection which do not depend solely on the opinion of the person making the selection but can be objectively checked, ensuring that the selection is made fairly in accordance with those criteria, and seeing whether alternative employment could be offered. The employer had not followed these principles.

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