Ms E Midgely v Link Market Services Limited — 2024

The claimant was dismissed with effect from 27 November 2023 on grounds of redundancy. The tribunal accepted that the case concerned an unfair dismissal complaint and considered whether redundancy or, alternatively, some other substantial reason was the reason for dismissal, and whether the process was fair under section 98(4) Employment Rights Act 1996.

The tribunal found procedural unfairness in the redundancy consultation process. It found that the respondent had not been honest about the underlying reason for the redundancy, that the consultation was not meaningful and genuine, and that there was little, if any, consideration of suitable alternative employment. It did not find a breach of natural justice or procedural unfairness in the appeal.

The unfair dismissal complaint was well-founded on procedural grounds. The tribunal ordered a 50% Polkey reduction to the compensatory award but listed remedy for a further hearing, so the judgment did not determine a monetary award.