Selection procedures

Case 7: The facts

Joan McMillan was selected for redundancy by metals company Romium. She was told that she could appeal. However, the person who had selected McMillan for redundancy also heard the appeal. After the redundancy was confirmed. McMillan took a tribunal claim based on the unfairness of the procedure.

The ruling

The EAT held that dismissal was unfair as there was a fundamental flaw in the procedure which allowed the person who carried out the assessment to also carry out the appeal.

* Romium v McMillan EATS/00007/03