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The EAT has handed down its decisionin the case of County Print v Page, which says that:
1. Fair consultation in a redundancy exercise should give employees an explanation for their scores and give them the opportunity to comment on the scores;
2. Employers seeking to run the argument that dismissal would have occurred in any event must rely on 'cogent evidence' rather than simply trying to argue that there was a percentage chance of dismissal.
The EAT took the opportunity to review the authorities in these areas during the case, and whilst cautioning against a 'microscopic analysis' of scoring suggested that, particulalry with subjective criteria, employees should have adeqaute information to enable them to understand their scores and be given the opportunity to challenge the scores.
2. Employers seeking to run the argument that dismissal would have occurred in any event must rely on 'cogent evidence' rather than simply trying to argue that there was a percentage chance of dismissal.
The EAT took the opportunity to review the authorities in these areas during the case, and whilst cautioning against a 'microscopic analysis' of scoring suggested that, particulalry with subjective criteria, employees should have adeqaute information to enable them to understand their scores and be given the opportunity to challenge the scores.
