Case 2418437/2020 · Employment Tribunal
Mr D Smith v Seddon Construction Limited — 2021
- Case reference
- 2418437/2020
- Decision date
- 23 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Peck
Parties
2 namedClaimant
Mr D Smith
Respondent
Key findings
Tribunal's reasoningMr D Smith was employed as a Design Manager in the respondent’s North-West Construction business unit from 30 November 2015, on a gross annual salary of £57,000. In May 2020 the respondent announced proposed workforce changes because of the covid-19 pandemic, downturn in work and restructure, and the claimant’s role was placed at risk of redundancy. The tribunal accepted that the respondent knew it did not require six Design Managers in the Construction business unit going forward.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant alleged that his redundancy dismissal was unfair because he should have been offered the Design Manager, Property Services role, the selection process was unfair, and alternatives to redundancy including furlough were not properly considered. The tribunal found the respondent had a fair redundancy reason, had adequately consulted, and that the decision not to appoint him to the Property Services role was within the range of reasonable responses despite a procedural flaw in not giving the job description in advance. | Dismissed | — | — |
Legal tests applied
5 references- section 98(4) Employment Rights Act 1996
- band of reasonable responses test
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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
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