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Legal Updates

Insensitive decisions could lead to unfair dismissals

25 November 2016 #Employment

In Thomas v BNP Paribas Real Estate, the Employment Appeal Tribunal (EAT) held that a Tribunal’s finding that a redundancy process was ‘insensitive and perfunctory’ did not easily sit with its ultimate decision that the process was reasonable and the dismissal fair. 

In light of this, the case has been remitted to a different Tribunal to look at the claim of unfair dismissal again.

The insensitivities in this case included, addressing Mr Thomas (an employee with 40 years’ service) by the wrong name, miscalculating his end date and placing him on garden leave during the first consultation meeting with him being told not to contact clients or colleagues or attend the company premises.

Whilst we do not yet have a ruling on the unfair dismissal in this case, the EAT’s Judgment illustrates how important it is that employers take a considered, purposeful, and sensitive approach, particularly when dealing with ‘no fault’ dismissals such as redundancy consultations.

For further information or support with dismissals and/or redundancy consultations please contact our specialist employment lawyers on

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
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