Mr K Williams v In Time Watch Services Ltd — 2022

Mr K Williams was employed by In Time Watch Services Ltd as National Sales Manager. The tribunal found that a genuine redundancy situation existed after COVID-related closures and the loss of Debenhams branches reduced the business from 53 branches to 15 and reduced sales and profits. It found that the respondent no longer required employees to carry out work of the particular kind performed by a National Sales Manager, and that the claimant's role had not subsequently been filled.

The claimant argued that his dismissal was a sham engineered because of his relationship with Mr Pulford. The tribunal rejected that case. It found no evidence that Mr Pulford decided that the claimant had to go or that he influenced the ultimate dismissal decision, and it accepted that two independent decision-makers made the redundancy decision and appeal outcome. The tribunal also accepted the respondent's evidence that it had considered the job specifications and concluded that the National Sales Manager role was materially different from the Area Manager role, including in responsibility, accountability and pay.

On fairness, the tribunal held that the claimant was warned, consulted and offered available alternative employment. It found that the respondent had considered both pooling and bumping, and that the consultation responses addressed the points raised by the claimant, including his argument that he should have been pooled with the Area Managers and his suggestion that another employee should have been bumped. The tribunal also held that the appeal was properly considered by Ms Isemann and that her independence was not compromised by her earlier involvement in the process.

The tribunal concluded that the dismissal fell within the range of reasonable responses open to a reasonable employer and dismissed the unfair dismissal claim. The claimant's breach of contract and unlawful deductions claims were withdrawn at the outset of the hearing and were dismissed on withdrawal. No monetary award was made.