Mr R Corr v Eurocentres Global Language Learning Limited — 2021

The tribunal found that Mr Corr’s dismissal was by reason of redundancy. It accepted that the respondent’s sales function had diminished in the pandemic and that all sales roles were put at risk, so there was no unfair selection of Mr Corr because he had raised a grievance or for any other ulterior motive.

It held that the redundancy consultation was fair in the circumstances. Mr Corr was invited to three consultation meetings, was told of his right to be accompanied and to appeal, and could raise questions and suggestions. The tribunal rejected the argument that the work later done by Mr Elrasheedy, or the later Senior Regional Sales Director role with Bayswater Education, showed that an alternative role was available to Mr Corr before his dismissal.

The unfair dismissal claim was therefore dismissed. The protective award claim was also dismissed because the tribunal found that the redundancies were carried out across five separate establishments, with fewer than 20 dismissals at each, so section 188 TULR(C)A was not triggered. The breach of contract claim succeeded: the tribunal found that Mr Corr had not been paid his full notice pay, contractual holiday pay or time off in lieu, and ordered £11,586.49 gross notice pay, £1,375.38 gross holiday pay and £1,943.10 gross for time off in lieu, together with a 15% uplift on the net notice pay only for unreasonable non-compliance with the ACAS grievance code.