Darren Wilson v Greenergy Flexigrid Limited — 2022

Darren Wilson brought a claim of unfair dismissal after being dismissed by Greenergy Flexigrid Limited on 31 December 2020 following the proposed closure of the Bury St Edmunds depot. The tribunal found there was a genuine redundancy situation arising from the Covid-19 downturn and the resulting need to downsize, and that the requirements of the business for employees to carry out work at that depot had ceased or diminished within section 139 ERA 1996. It also found that the respondent had engaged with Unite and had been considering closure and relocation arrangements before formal notification to staff on 6 November 2020.

The tribunal rejected the claimant’s case that he had insufficient information or time to decide between relocation and redundancy. It found that the relocation policy was discussed at the 6 November 2020 meeting, emailed to all drivers on 7 November 2020, and further discussed in later emails and meetings. The tribunal accepted that the claimant asked questions about holiday pay, relocation and commuting, but found he had the information needed to make a decision well before the end of December 2020 and that he did not seek an extension, even though that would have been open to him.

The tribunal also rejected the argument that the respondent applied the one-hour rule inconsistently in a way that made the claimant’s dismissal unfair. It accepted that the rule was not hard and fast and that individual cases could be considered, but found the claimant’s position was materially different from two other drivers who were allowed to transfer or commute on a temporary basis because they were only just over the threshold. Applying the range of reasonable responses test under section 98(4) ERA 1996, and referring to Williams v Compair Maxam Ltd and Polkey v A E Dayton Services Ltd, the tribunal held that the consultation and appeal process as a whole was fair. The claim was dismissed and no monetary award was made.