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Redundancy not age discrimination as employer proved selection due to bad interview performance 

Makbool Javaid

In Canning v National Institute for Health and Care Excellence, in a re-organisation, an interview process was used to decide who would be made redundant. C performed poorly in interview and was dismissed. She and the other two selected for redundancy were the oldest in the pool. The EAT agreed with the ET that the dismissal was not unfair, nor did it amount to age discrimination. C had not raised any objection to the interview process and although there were valid criticisms about the selection procedure, there were “checks and balances” in place as a five-member panel was involved marking each interviewee independently and the procedure was reasonable in the circumstances. The employer had also provided a non-discriminatory explanation for the selection decision. The panel only considered answers given at interview, they acted in good faith and there was clear evidence that C’s answers were poor. C was selected because of her poor performance in her interview not because of age.


The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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