Mr Simon Danson v AVL UK Ltd — 2022

Mr Simon Danson was employed by AVL UK Ltd from 10 May 2016 until 30 October 2020. The tribunal found that his employment ended as part of a wider restructuring and headcount reduction during the COVID-19 pandemic, and that the business had experienced a reduced demand for commissioning work. It held that the Respondent’s requirements for employees to carry out work of a particular kind had diminished within the meaning of s.139(1)(b) ERA 1996, and that the dismissal was caused wholly or mainly by that diminution, so the reason for dismissal was redundancy.

The tribunal accepted the Respondent’s approach to defining the selection pool as Commissioning Engineers, rather than using job title alone. It found that the Respondent was entitled to look at primary job function and the planner records over the previous 24 months, and that it was reasonable not to make appraisals the focus of the exercise because the furlough scheme meant not all appraisals had been completed in the normal way. It also held that the selection criteria had sufficient objectivity, that the three managers scoring the pool enhanced objectivity, and that all 10 engineers in the pool were scored. The Claimant’s score was revised from 62 to 65 after he challenged the assessment, but he remained one of the three lowest scoring engineers.

On procedure, the tribunal found that the Respondent gave adequate warning and carried out meaningful consultation through meetings on 7 and 21 October 2020. It found that the Claimant had a meaningful right of appeal, which was heard by Mr Danny Burchill on 30 October 2020, and that the appeal process was conducted with care. The tribunal also found that there was no suitable alternative employment for the Claimant. Applying s.98(4) ERA 1996 and the band of reasonable responses test, it concluded that the decision to dismiss fell within the range of reasonable responses and dismissed the unfair dismissal claim.