In the case of Mental Health Care (UK) Ltd v Builuan and another, an employment tribunal found an employee had been unfairly dismissed due to the use of a competency test.
The employer was ruled to have acted unreasonably when it used a series of competency tests, usually reserved for new recruits, when selecting staff for redundancy. The tests were operated without input from staff and managers and without regard to appraisals. The employers dismissed staff selected through this procedure.
The tribunal found that the tests were unfair and that the employers had developed “blind faith in process” leading them to lose touch with the concepts of common sense and fairness.