BPP University Ltd

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Judgment approved by the court for handing down Mrs Osinuga v BPP University Ltd Page 1 [2022] EAT 53 © EAT 2022 Neutral Citation Number: [2022] EAT 53 Case No: EA-2019-000839-AS EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 21 June 2022 Before : THE HONOURABLE MR JUSTICE BOURNE MRS G. P. TODD MR A. D. G. MORRIS - - - - - - - - - - - - - - - - - - - - - Between : MRS BUKOLA OSINUGA Appellant - and - BPP UNIVERSITY LIMITED Respondent - - - - - - - - - - - - - - - - - - - - - Mr Andrew Watson (instructed by Direct Access Scheme) for the Appellant Mr Robert Jones (instructed by BPP University Ltd Legal) for the Respondent Hearing date: 8 March 2022 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for handing down Mrs Osinuga v BPP University Ltd Page 2 [2022] EAT 53 © EAT 2022 SUMMARY TOPIC NUMBER(S): 8 Practice and Procedure, 11 Unfair Dismissal, 19 Redundancy Held (allowing the appeal in part) 1. The Employment Tribunal erred by not considering the issues of whether the employer had carried out a reasonable consultation, adopted a fair basis on which to select for redundancy or taken reasonable steps to seek alternative employment for employees threatened with redundancy, in circumstances where the parties had not expressly or impliedly agreed that those issues did not arise in the case (applying Langston v Cranfield University [1998] IRLR 172), and/or by not giving sufficient reasons in relation to those issues. 2. The Employment Tribunal did not err in law when it decided that there was a redundancy as defined by section 139(1)(b) of the Employment Rights Act 1996, and it gave sufficient reasons for that conclusion. Judgment approved by the court for handing down Mrs Osinuga v BPP University Ltd Page 3 [2022] EAT 53 © EAT 2022 THE HONOURABLE MR JUSTI…