How can we help?


Redundancy – reasonableness is judged on whether dismissal could be avoided

In the recent case of Aramark (UK) Limited v Fernades, the EAT held that it was not  unreasonable for an employer to decide not to include the Claimant on a list of bank workers in a redundancy situation.

The Claimant was initially successful in their argument that they should have been included in the list at the ET.  However, the employer appealed on the basis that the bank of workers were not employees and there was no obligation to provide them with work. They were essentially people who the employer could call on to cover labour shortages. The Claimant’s redundancy would not have been avoided even if he were put on the list of bank workers.

EAT held that it was not  unreasonable for an employer to decide not to include the Claimant on a list of bank workers in a redundancy situation.

The EAT allowed the appeal and held that reasonable actions of the employer will be judged on whether the redundancy can be avoided. Placing the Claimant on the list of bank workers would have not prevented the redundancy. Consequently, the Respondent’s action was not unreasonable.

This case is a useful reminder that redundancy consultations and actions taken should be focused on preventing the redundancy.

About this article

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

  • 28 February 2024
  • Commercial Real Estate

Hidden risks in serviced office agreements

This is usually a fully furnished and equipped office space that is managed by a facility management company and made available for short-term or long-term rentals to businesses, varying from one week to a year, or even longer.

  • 27 February 2024
  • Employment

Changing Attitudes to Menopause

We have set out some answers to the frequently asked questions that employers ask when considering how to support a menopausal employee.

  • 22 February 2024
  • Employment

Time to take the heat off menopausal women

On 22 February 2024, the EHRC released guidance and resources for employers designed to help employers understand their legal obligations in relation to supporting workers experiencing menopausal symptoms.

  • 22 February 2024
  • Employment

Talking Employment Law: What to do if you’re at risk of redundancy

In this podcast, Harry Berryman and Rebecca Dowle, members of the employment team, will talk through the steps that need to be taken for a redundancy to be fair and the range of criteria that can be used when determining which employees will be made redundant.

  • 21 February 2024
  • Immigration

FAQs Partner Visa UK

Discover the UK Spouse Visa: eligibility, finances, relationship criteria, and the latest updates in 2024 for a successful application.

  • 19 February 2024
  • Privacy and Data Protection

The role of Data Protection Officers in ensuring compliance

How many of us receive marketing calls for products and services we did not sign up for?