In person For the v Mr M Clayton solicitor This has been a remote hearing which was not objected to by the parties. The form of remote hearing was video. A face to face hearing was not held because it was not practicable to do so. — 2020

The tribunal identified the sole remaining issue as the claimant's unfair dismissal claim. It recorded that the respondent had commenced redundancy consultation in September 2018, that the claimant was provisionally selected for redundancy, and that she attended three consultation meetings and an appeal meeting. The tribunal also found that she was offered voluntary redundancy, confirmed that she sought voluntary redundancy in email exchanges on 7 October 2018, and then received a letter of dismissal for redundancy.

On the merits, the tribunal held that a claim based on the actual redundancy dismissal would not succeed because the employer would satisfactorily establish the reason and reasonableness of the decision. It accepted that the claimant wished to complain about earlier conduct by the respondent which she said had broken the implied term of mutual trust and confidence, but noted that the appropriate claim on that case would have been constructive dismissal if she had resigned in response to the alleged breach. Because she did not resign and instead volunteered to be dismissed, the tribunal held that her claim based on the dismissal itself did not engage the issues she wished to raise.