Case 1310737/2020 · Employment Tribunal
Not present or represented For the v Mr P Lewis, Managing Director This hearing took place against the background of the coronavirus pandemic; and was conducted remotely by CVP in accordance with safe practice and guidelines. — 2022
- Case reference
- 1310737/2020
- Decision date
- 1 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dimbylow On
Parties
2 namedClaimant
Not present or represented For the
Key findings
Tribunal's reasoningMr Ian Kilvington brought a single claim of unfair dismissal against Bowdraper Limited. He did not attend the hearing on 1 March 2022, and the tribunal proceeded in his absence after considering his late email explaining that he had forgotten the hearing and had a funeral to attend. The respondent maintained that the dismissal was by reason of redundancy.
The tribunal found that the respondent had shown a potentially fair reason for dismissal and that the relevant business requirements had ceased or diminished. The claimant worked as a cleaner on weekend night shifts at KE's premises, and the respondent's contractual hours with KE changed so that the weekend night-shift work was no longer required. The tribunal accepted that the claimant had been told about the position in advance, given notice to 4 October 2020, and offered alternative weekday work at the same premises.