The Claimant was dismissed for redundancy and then interviewed for another job with the Respondent but he was unsuccessful. He claimed unfair dismissal and that his dismissal was discriminatory, both of which were dismissed at the ET. The Claimant appealed against the unfair dismissal decision.

The EAT allowed the appeal. The ET erred in law in two respects: (1) in making insufficient findings in respect of the Respondent’s process of searching for alternative jobs, at the time of the Claimant’s dismissal; and (2) in making insufficient findings in relation to the circumstances in which the Claimant was unsuccessful for a specific vacancy, for which he had been interviewed. Both issues were relevant to the fairness of the claimant’s dismissal for the purposes of section 98(4) of the Employment Rights Act 1996.