Mrs K Lister v Done Brothers (Cash Betting) Ltd — 2022

Mrs Lister was employed by Done Brothers Ltd from 22 November 2016, latterly as an Area Operations Assistant. Her place of work was recorded as "any of the company’s sites", and the tribunal found that she had no fixed contractual workplace. In August 2021 the respondent reorganised its areas, told her that her existing N7 area would be redefined, and after consultation allocated her to E5 rather than E6. The claimant said she had been bullied into the move, that consultation had not been fair, and that the grievance process was delayed.

The tribunal rejected the allegation that moving the claimant to E5 breached her contract of employment. It found that the claimant’s role involved travelling between shops within a reasonable geographical area, that E5 made little practical difference to her travel, and that there was no financial, physical or other material detriment. It also recorded that she accepted the change would have been acceptable to her if it had been implemented through a consultation process she regarded as fair.

On consultation, the tribunal found that the change had been explained clearly around eight weeks before it took effect, discussed with her in person and by telephone on four occasions, and considered in light of her concerns and the business aim of avoiding redundancies. It held that the respondent’s approach did not breach the implied term of trust and confidence. On the grievance, the tribunal found no unreasonable delay because the grievance was acknowledged within seven days, a meeting was arranged promptly, and the claimant resigned before the process was completed.

The tribunal therefore concluded that the claimant had not been dismissed within the meaning of s.95 ERA 1996. Her claim of unfair dismissal failed and was dismissed. No remedy was awarded.