Mr J-P Moussy v Pret A Manger (Europe) Limited — 2021

Mr J-P Moussy worked for Pret a Manger (Europe) Limited from 2012 as a Kitchen Leader on night shifts at Heathrow Terminal 4. In response to the coronavirus pandemic, the respondent proposed a restructure that included reducing full-time hours from 35 to 28 per week, with the stated aim of saving jobs. The tribunal found that the claimant was consulted about the proposals, told that refusal to accept the new terms would lead to termination on notice, and was given an appeal and an opportunity to reconsider his position.

The tribunal found that the reason for dismissal was the claimant's refusal to accept the proposed contractual changes, not redundancy. It accepted the respondent's evidence and the contemporaneous documents showing that the claimant's role was still needed and that he was not selected as redundant. On that basis, the redundancy payment claim failed.

Applying the section 98 ERA framework and the range of reasonable responses approach, the tribunal held that the respondent had a genuine and reasonable business reason for the restructure, namely to reduce costs and avoid larger redundancies in difficult pandemic conditions. It took account of the extensive consultation process, the election of employee representatives, the individual consultation with the claimant, and the fact that 4,443 staff were presented with changes and all but six accepted them. The tribunal concluded that the dismissal was fair and dismissed the unfair dismissal claim. It therefore did not need to decide the subsidiary issues on Polkey, contributory fault, or mitigation.