Mr Craig Janney v CWM Automation Ltd — 2024

Employment Judge Hutchinson, sitting alone at Nottingham over 23-25 September 2024, considered Mr Janney's sole claim of unfair dismissal following his dismissal by CWM Automation Ltd on 30 June 2023. The Respondent said the reason for dismissal was redundancy following a restructure that reduced the workforce from 42 to around 25 employees, including a reduction in service engineers from three to two. The Claimant contended that there was no genuine redundancy situation, that he was selected because he was perceived as troublesome following earlier complaints about working hours, that the selection criteria were not objective, and that the outcome was predetermined.

The Tribunal found that there was a genuine redundancy situation at the time of dismissal, noting redundancies across all departments including at director level. It found that the only reason for the Claimant's dismissal was redundancy, and that the later recruitment of Mr Forrest in February 2024 in a more junior role did not amount to a replacement. The Judge was satisfied that consultation was genuine, that the selection criteria (although in part subjective) were not unreasonable, and that Mr Metcalfe's scoring was reasonable. The appeal conducted by Mr Trippett was found to have properly considered the circumstances.

On the question of predetermination, the Tribunal found no evidence to support the Claimant's belief that he was dismissed because he had been seen as a nuisance or troublemaker. His earlier 2021/2022 complaints about working hours had been taken seriously and addressed, and there were no further complaints in the following 12 months. The claim of unfair dismissal accordingly failed and was dismissed, and the remedy hearing listed for 16 December 2024 was cancelled.