James Bromige successful at the Employment Appeal Tribunal

James Bromige, instructed by Amanda Brown and Nicholas Moore of Outset LLP recently represented the Appellant company before the EAT.  Judgment has now been published and can be found here:

https://caselaw.nationalarchives.gov.uk/eat/2024/167?query=bromige

James successfully argued that the Employment Tribunal had both a flawed legal and factual approach to its findings about a large scale redundancy exercise conducted by the Respondent at the height of the Covid-19 pandemic.  The case concerned an employee who had been on maternity leave at the time, and the EAT overturned all of the Tribunal’s findings concerning both ordinary and automatic unfair dismissal.  The automatic unfair dismissal findings were for both Reg 20(2) and Reg 10 MAPLE claims.  The case has been remitted to the Employment Tribunal for a full hearing before a fresh panel.

The case provides useful guidance as to when the duty under Reg 10 arises for employers, and the different type of redundancy/re-organisation scenarios where Reg 10 considerations might apply.