Mr P Skinner v Acorn Laser Limited — 2021

The claimant, a sheet metal worker employed by Acorn Laser Limited from 15 November 2011 to 31 October 2020, accepted that there was a redundancy situation arising from reduced work and the end of the furlough scheme. Before the tribunal reached the merits, he withdrew his redundancy pay claim after the judge indicated that continuity of employment is a statutory concept and could not be created by a private agreement; the reserved judgment records that claim as dismissed upon withdrawal.

On the unfair dismissal claim, the tribunal accepted the employer's decision to reduce headcount in principle and found it reasonable to use skill-based pools in a small engineering business. The tribunal also accepted that the respondent was entitled to consider which skills were needed for customers with pending and anticipated orders. However, it found that the consultation was limited and that the claimant was not told before dismissal how the selection matrix worked or that particular weight would be given to experience with customers such as Easibathe, Acrastyle and Techflow.

The tribunal concluded that the selection process was flawed because the matrix did not refer to Acrastyle, Techflow or the need to maintain a team leader, and because the claimant had not been told that those matters were driving the decision. It also found that suitable alternative employment was not properly considered, including the possibility of part-time work, and that the appeal did not cure the defects because Mr Deanus had been involved in the decision and could not be an independent appeal manager.

Applying section 98 of the Employment Rights Act 1996 and the redundancy principles referred to in Williams v Compare Maxam Ltd, the tribunal held that the dismissal was unfair. It rejected the respondent's Polkey argument, finding that a fair process would not inevitably have led to the same outcome and that there was evidence the claimant might have retained his position. No compensation figure was recorded in this judgment.