Did an employer who failed to place a redundant employee on a list of ad hoc workers act unreasonably within the meaning of s98(4)(a) of the Employment Rights Act?
No, held the EAT in Aramark (UK) Ltd v Fernandes.
Mr Fernandes was made redundant by Aramark and successfully claims at first instance that the company's failure to include him on a list of bank workers upon whom it called on an 'as and when' basis was unreasonable.
The EAT held that s98(4) seeks to address the harm of dismissal. As Aramark was not obliged to offer work to those on the list, placing Mr Fernandes on it would not have prevented his dismissal. Being on the list would not have provided Mr Fernandes with alternative employment; therefore, not placing him on the list was not unreasonable within the meaning of s98(4).
Thanks to Nicholas Kennan of Cornwall Street Barristers for preparing this case summary.
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