The EAT in Morgan v The Welsh Rugby Union have considered the issue of the fairness of a selection for a new role following a restructure where roles in the old structure were no longer required and as a result employees were at risk of redundancy.
The employer provided candidates with a job description and person specification for the new role and stated that selection for the role would be via interview. The employer departed from the person specification when making its decision as to who to appoint but nonetheless the Tribunal found the dismissal of the unsuccessful candidate by reason of redundancy to be fair because notwithstanding the departure, the process was objective and fair.
The case emphasises that determining the fairness of a dismissal is not simply about taking a check box approach to confirm all parts of the process were completed perfectly. The Tribunal’s role is to assess the fairness of the dismissal as a whole and some departure to a planned process, on the right facts, can still result in a fair dismissal.