Miss R Eves v International House Newcastle Limited Heard: Remotely (by video link) — 2021

Miss R Eves was employed as a Senior Teacher and Examinations Co-ordinator from 22 March 2011 until 28 August 2020, when her employment ended following a redundancy process begun during the early phase of the coronavirus pandemic. The tribunal accepted that the respondent's business was seriously affected and that a number of redundancies were made, but found that the claimant had been told in general terms that her job was at risk without any adequate individual consultation, that the dismissal email did not set out the actual selection criteria, and that the respondent had not shown a reasonable selection decision or reasonable steps to find suitable alternative employment.

The tribunal held that the dismissal was unfair under section 98 of the Employment Rights Act 1996. It found that the claimant did not contribute to her dismissal, but that there was a 50% chance she would have been fairly dismissed anyway if a fair procedure had been used, having regard to the respondent's higher payroll costs, her lack of the Delta qualification, and her lesser experience in teacher training and young learners' courses. Her loss of earnings from 28 August 2020 to 2 February 2021 was calculated at £3,881 before the 50% reduction, producing a compensatory award of £1,940.50, and a further £250 was awarded for future loss of statutory rights, making a total award of £2,190.50.

The tribunal made no basic award because the reason for dismissal was redundancy and the claimant had received the correct redundancy pay. It applied the Employment Protection (Recoupment of Benefits) Regulations 1996 because the claimant had claimed Universal Credit during the protected period of 28 August 2020 to 2 February 2021; the prescribed element was £1,940.50 and the balance was £250.00. The breach of contract claim about pension contributions was withdrawn by consent, and the holiday pay claim failed because the tribunal found the respondent had given sufficient notice under regulation 15 of the Working Time Regulations 1998 and that the 15 days' holiday had been taken and paid during the notice period.