IN PERSON FOR THE v Respondent — 2024

Karen Hughes was employed as a Finance & Accounts Assistant by Life Sciences Hub Wales Limited from 2 December 2019 until her dismissal on 2 May 2024, which the Respondent treated as a redundancy. She was placed in a selection pool of one while still on a period of ill-health absence, with consultation meetings held between March and May 2024. Sitting alone, Employment Judge S Povey heard the liability claim at Cardiff on 28, 29 and 31 October 2024 and reserved judgment.

The Tribunal accepted that the reason for dismissal was redundancy within s.139 ERA 1996 but found the Respondent's conduct fell outside the range of reasonable responses under s.98(4) ERA 1996. There were procedural shortcomings in the consultation process, including the use of a pool of one, the failure to pause or ring-fence external recruitment while consultation was ongoing, and a failure to explore alternative employment options (including a vacancy held by a Ms Virgill) that might have avoided dismissal.

The Tribunal declined to make a Polkey reduction, finding the counterfactual was "so riddled with uncertainty that no sensible prediction" could be made (citing Software 2000 v Andrews). It also declined to reduce either the basic or compensatory award for contributory conduct, finding nothing blameworthy or culpable in the Claimant's decision not to apply for vacancies circulated early in the process. The case was listed for a further remedy hearing.