In Thomas v BNP Paribas Real Estate, a ‘perfunctory and insensitive’ redundancy consultation can make a redundancy dismissal unfair according to the EAT. The Claimant had over 40 years’ service, ending up as a Director of the Respondent’s property management division. After a strategic review, the Claimant was put at risk of redundancy and immediately put on ‘garden leave’ and told not to contact clients or colleagues. The Respondent then made a number of procedural errors, including getting the Claimant’s first name wrong in a letter.
However, the matter was sent back to a different tribunal to determine whether these matters did render the dismissal unfair, given the absence of explanation from the original tribunal as to why they thought it was fair.