Mrs L Gadd v The Governing Body of Kingsway Park High School — 2021

The tribunal found that the respondent carried out a genuine redundancy exercise in 2019 after the Head Teacher concluded, in light of Progress 8, that the English and Maths tutor roles were no longer fit for purpose. The claimant had notified the school that she was pregnant in January 2019. The governors approved the new structure subject to consultation, and the tribunal found that the claimant and Mr Hamid were told on 15 May 2019 that they were at risk of redundancy, not that a final decision had already been taken.

Consultation was carried out through the unions and then by Kieran Done. The tribunal found that the claimant was offered the TA3 role as suitable alternative employment, with the hours and pay explained, including a pro rata salary of £21,589 and £11.19 per hour. The claimant declined that role in writing on 11 July 2019, citing the unlikelihood of flexible hours or a part-time arrangement and the reduction in salary. The tribunal accepted the respondent's evidence that there was no Home Tutor vacancy, that the Nurture Teacher role required qualified teacher status, and that the apprentice role was temporary and unsuitable.

The tribunal rejected the suggestion that the redundancy exercise was driven by the claimant's pregnancy or by any influence from GC or Mr Tootill. It found that the process was not predetermined, that consultation was sufficient even if not exemplary, and that any additional consultation would have made no difference to the outcome for Polkey purposes. The claims for unfair dismissal under ss.94, 98 and 99 ERA 1996, pregnancy and maternity discrimination under s.18 Equality Act 2010, the s.47C ERA/reg.19 MAPLE detriment claim, and the reg.10 MAPLE claim were all dismissed. No tribunal award was made.