Ms A Khatun v Winn Solicitors Limited — 2021

The tribunal heard Ms A Khatun's complaint that Winn Solicitors Ltd unfairly dismissed her on 26 March 2020. It found that the reason for dismissal was some other substantial reason: she had refused to agree to a temporary contractual variation requiring retained staff either to accept furlough or reduced hours. The tribunal accepted that the respondent had sound business reasons in March 2020, including the developing Covid-19 pandemic, reduced incoming road traffic accident work, and the need to preserve cash and flexibility.

The tribunal nevertheless held that the dismissal was unfair under section 98(4) of the Employment Rights Act 1996. It found that the respondent's process was largely one-sided, that the 23 March meeting and the later email exchanges mainly communicated a fixed decision, and that Ms Khatun was given little opportunity for a meaningful discussion or consultation with an open mind. It also found that the respondent had not reasonably explored alternatives to dismissal before deciding that refusal to sign would lead straight to termination.

The tribunal noted that by 26 March 2020 Ms Khatun was the only employee in the group still refusing the variation, but it considered that the absence of any appeal was a relevant factor and part of the overall unfairness. It rejected the suggestion that the respondent had acted reasonably simply because it had a substantial business reason and because other employees had accepted the change. Judgment was entered for the claimant on liability, and the case was listed for a one-day remedy hearing.