Members: Mrs L Crooks Mrs M McAllister Mr John Morgan-Thomas v Represented by: Dr A Morgan-Thomas Relative Andrew Porter Limited — 2017

The tribunal found that the March 2016 letter was a notice of dismissal and that the claimant's employment ended by reason of redundancy on 22 May 2016. It accepted that a redundancy situation existed after the downturn in work in Scotland, but held that the later work arrangement offered from Chorley and surrounding routes was not suitable alternative employment for this claimant because it involved longer hours, more travel, uncertainty about the Rutherglen parking arrangement and future work in Scotland, and the claimant's domestic circumstances made refusal reasonable. The tribunal nevertheless held that the dismissal for redundancy was fair and reasonable in the circumstances and awarded a statutory redundancy payment of £8,622.

The discrimination by association complaint failed. The tribunal accepted that the claimant was a carer for his father-in-law and had children with disabilities, but found no evidence that he was treated less favourably because of those caring responsibilities. It found that the respondent's decision-making was driven by the redundancy situation and the later work offer, not by disability association, and noted that the notice periods were based on length of service.

On the pay issues, the tribunal held that the Statement of Particulars allowed lay-off without pay except for statutory entitlement, so there was no unauthorised deduction on that basis. It said there was insufficient evidence to decide the National Minimum Wage element of the arrears complaint. It awarded £780 for eight accrued but untaken days of holiday and £958 for failure to provide full and accurate written particulars of employment because the written terms had not been properly updated after the transfer and later changes. The total award was £10,360.