Mr C Walker v WM Morrison Supermarket plc — 2022

The respondent announced a restructure at its Wakefield logistics site on 19 January 2021, including a reduction in Team Manager numbers from 48 to 45 and Shift Manager numbers from 11 to 9. The claimant, a Team Manager with around 30 years' service, was placed at risk of redundancy, consulted collectively and individually, and scored 52 points against a benchmark of 53 for Team Managers. The tribunal found that the reason for dismissal was redundancy and that the existing Team Manager role was replaced by a new role with broader management duties and greater use of technology.

Applying s.98 ERA 1996, the tribunal held that the dismissal was fair. It found that there had been a thorough collective and individual consultation process, that the Wakefield site was a reasonable selection pool, that the benchmark score of 53 was reasonably explained, and that the respondent had considered suitable alternative employment. The claimant was told about stepping down to warehouse operative work and other vacancies, but he declined those options and did not appeal the dismissal. The tribunal applied the Williams v Compair Maxam Ltd guidance and the Iceland Frozen Foods band of reasonable responses test, and concluded that the redundancy dismissal fell within the range of reasonable responses.

The indirect age discrimination claim under s.19 Equality Act 2010 failed because the claimant did not prove the alleged hidden PCP, namely that longer-serving and higher-paid employees were selected for redundancy through manipulated scoring. The tribunal found no evidence that assessors had been instructed to mark down older workers, noted that the assessors were themselves of similar age and service to the claimant, and relied on the fact that several older Team Managers scored above the benchmark. It also noted that the claimant's case did not plead a challenge to the assessment process itself as indirect age discrimination, and it found the statistical material insufficient to establish the claimed disadvantage.