In person For the v Respondent — 2021

In a judgment dated 27 July 2021, Employment Judge Truscott QC, sitting at London South by CVP, dismissed Mr J Ahmad's unfair dismissal and monetary claims against Merco Medical Staffing Limited.

The tribunal found that the respondent was in financial difficulty, that the accounts team had been reorganised so that the claimant's Financial Controller role had become standalone, and that the Board decided on 18 February 2020 to look at cost-cutting measures because of ongoing losses and concerns about trading conditions and Covid-19. It accepted that the claimant's position was identified as at risk of redundancy for that reason, not because he had raised the issue of Ms Kanellou's pay rise.

The tribunal held that the redundancy selection and consultation process was fair. The claimant was told of the risk on 6 March 2020, attended consultation meetings on 10 and 13 March, was invited to put forward proposals to avoid redundancy, and was given a right of appeal which he did not use. The tribunal rejected his evidence where it conflicted with Mr Champion's evidence and held that dismissal fell within the band of reasonable responses under s.98(4) ERA 1996.

On the monetary claims, the tribunal held that the claimant was on garden leave from 14 March 2020 and that his only remaining obligation was to attend a handover. After repeated requests and warnings, he did not attend the telephone handover on 24 March 2020, and the tribunal applied the no work, no pay principle to dismiss the notice pay claim. It also dismissed the redundancy payment and holiday pay claims, noting that the respondent had paid the statutory redundancy payment of £1,614 on 2 October 2020 and later paid the outstanding holiday pay of £285.87 on 12 July 2021. The tribunal noted that a discrimination suggestion had been raised in consultation, but no discrimination claim was pleaded or pursued in the ET1 or witness statement.