(1) Mrs Jasvinder Virdi (2) Mrs Mini Nair v London Borough of Newham — 2017

The tribunal found that there was a genuine redundancy situation following the respondent's housing services restructure, and that consultation and warning about redundancy were fair. It accepted that using competitive interviews with a threshold for appointment to the new higher-graded Resident Services Officer role was within the range of reasonable responses.

The unfair dismissal complaints succeeded because the tribunal found that the interview marking process, although not deliberately designed to secure the claimants' dismissal, was applied inconsistently and could fairly be described as erratic. The tribunal also found that the respondent's redeployment support was too limited in the circumstances, given its own policy, the size of the employer, and the claimants' long service.

The discrimination complaints were dismissed. The tribunal accepted that the interview scores reflected the claimants' interview performance and found no common pattern showing Indian, Hindu, Sikh or older candidates being scored unduly harshly, or Black African, Muslim or younger candidates being scored unduly generously. Mrs Virdi's age discrimination allegations about suspension and investigation were also dismissed because the tribunal found genuine reasons unrelated to age for the suspension and investigation.

The tribunal noted that remedy would require a further hearing, including issues about the chances of alternative employment, the claimants' engagement with redeployment, and possible reductions.