Selection

Case 7: The facts

Colin O'Hare was dismissed for redundancy. He claimed that the sickness absence criteria used were unfair because one of his absences had been due to an industrial injury.

The ruling

The EAT held that the selection was one that a reasonable employer acting reasonably could have taken. There were sound reasons why employers might choose not to take account of the reasons for each sickness absence, as it would make the selection procedure less certain and subject to more controversy.

* Drake International Systems v O'Hare EAT/0577/03