Case 2401655/2019 · Employment Tribunal
1. Miss S Harty 2. Mrs L Leonard 3. Mrs D Pieri 4. Mrs S Vince-Cain v Manchester University NHS Foundation Trust — 2020
- Case reference
- 2401655/2019
- Decision date
- 16 March 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sherratt
- Venue
- Manchester
- Panel members
- Ms M T Dowling, Ms S Khan
Parties
2 namedClaimant
1. Miss S Harty 2. Mrs L Leonard 3. Mrs D Pieri 4. Mrs S Vince-Cain
Key findings
Tribunal's reasoningThe tribunal found that all four claimants were dismissed by reason of redundancy. The respondent had decided not to allocate further funding to the CHAMP programme, and its requirement for the claimants to carry out their CHAMP work had ceased or diminished. The tribunal did not find that the work previously carried out by the claimants continued after dismissal, save to a limited extent in relation to queries handled by others.
For Miss Harty, Mrs Leonard and Mrs Pieri, the tribunal found the dismissals unfair. The respondent's redeployment guide required an initial meeting to gather information about experience and skills, discuss alternative work that might be suitable, and consider training requirements. Those steps were not taken, and there were no further meetings before employment ended. Given the respondent's size and resources, the failure to follow its own redeployment policy made those dismissals unreasonable. The tribunal assessed a 50% chance that each of those three claimants would still have lost employment.
For Mrs Vince-Cain, the tribunal found that the respondent offered suitable alternative employment before her employment ended. The offered role was at the same band and pay, with the same base and hours, and was permanent, although the work and reporting line differed. The tribunal found that her refusal was unreasonable, including because her view was affected by her belief that the redundancy was not genuine. Her unfair dismissal claim failed and she was not entitled to a redundancy payment.
Miss Harty's pregnancy and maternity discrimination claim was dismissed. The tribunal accepted that some matters, including the loss of employment and lack of redeployment assistance, were unfavourable, but found they arose from the redundancy process applied to the CHAMP team and not because she had taken maternity leave. Other alleged matters were either not established factually or were not found to amount to unfavourable treatment.
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Upheld for Miss Harty, Mrs Leonard and Mrs Pieri. The tribunal found they were dismissed by reason of redundancy, but the dismissals were unfair because the respondent failed to follow its own redeployment policy when searching for alternative employment. | Upheld | — | — |
| Unfair dismissal | Dismissed for Mrs Vince-Cain. The tribunal found she was dismissed by reason of redundancy and that the dismissal was fair because there was ample consultation with her about alternative employment and she unreasonably refused a suitable alternative role. | Dismissed | — | — |
| Redundancy | The tribunal found that Mrs Vince-Cain was offered suitable alternative employment and unreasonably refused it, so she was not entitled to a redundancy payment. | Dismissed | — | — |
| Pregnancy and maternity discrimination | Miss Harty's section 18 Equality Act 2010 claim was dismissed. The tribunal found that any unfavourable treatment was because she was part of the CHAMP redundancy process, not because she had exercised the right to take maternity leave. | Dismissed | Pregnancy and maternity | — |
Legal tests applied
6 references- s.98(4) Employment Rights Act 1996
- s.139 Employment Rights Act 1996
- s.141 Employment Rights Act 1996
- s.18 Equality Act 2010
- South West Yorkshire Partnership NHS Foundation Trust v Jackson UKEAT/0090/18/BA
- ACAS Code of Practice on Disciplinary and Grievance Procedures
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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