1. Ms A Zorzalek 2. Ms J Vasiljeva 3. Ms S Conceicao v WM Morrisons Produce Ltd — 2021

The case arose from the respondent's decision to close the night shift at its Thrapston site, which led to the dismissal of the three claimants. The tribunal recorded that although the pleadings and evidence referred to matters that might suggest a sex discrimination issue, the claimants confirmed that no discrimination claim was being brought. The respondent carried out collective consultation with USDAW from 10 February 2020, held collective Q&A sessions, and then undertook individual consultation meetings with each claimant.

The tribunal found that the principal reason for dismissal was redundancy. It accepted that the closure of the night shift caused a diminution in the requirement for employees to carry out that work at Thrapston, and it rejected the claimants' challenge to the redundancy situation. Applying section 98(4) ERA 1996 and the redundancy authorities cited in the judgment, it held that the warning and consultation were more than adequate, that there was no need to pool the night and day shifts together, and that the respondent took reasonable steps to offer suitable alternative employment and outplacement support. The unfair dismissal claims were therefore not well founded.

The wrongful dismissal claims were upheld because, although the claimants received one week's notice, the balance of their contractual notice entitlement was paid in lieu. The tribunal recorded that each claimant had chosen not to pursue the available internal vacancies and that, despite the claims being well founded, no damages for breach of contract were awarded because the outstanding notice had already been paid in full by way of payment in lieu.