Miss C Davies v Neath Port Talbot Council and 1 other — 2024

The Claimant, a primary school teacher, was dismissed by reason of redundancy with effect from 31 August 2022. She brought a single claim of unfair dismissal under section 98 of the Employment Rights Act 1996. Following the guidance in Langston v Cranfield University, Employment Judge S Jenkins considered selection, consultation and the search for alternative employment, although the Claimant's pleaded case focused on the failure to offer her alternative employment, in particular cover for an absent colleague (Teacher A) that was instead given to Ms Lloyd, a teacher on a temporary contract that was due to expire on 31 August 2022.

The Tribunal found that, by the end of the Summer term 2022, the Respondents were aware of a short-term vacancy arising from Teacher A's absence in September 2022 and had arranged for Ms Lloyd to provide cover. The Tribunal held that a reasonable employer, acting reasonably, would have sought to see whether, instead of dismissing the Claimant, it could have offered her temporary cover for Teacher A, and that flexible arrangements (for example a week-by-week or month-by-month basis, as later applied to Ms Lloyd) could have been discussed. The Respondents' contention that the Claimant lacked Key Stage 2 experience was not considered to carry weight, as she was a fully trained primary teacher.

The Tribunal concluded that the Respondents failed in their duty to take reasonable steps to find alternative employment for the Claimant, and that her dismissal was therefore unfair. The claim of unfair dismissal succeeded. The visible text contains a liability judgment only; remedy is not addressed in the extracted material.