(1) Miss D Gray (2) Mrs K Smith v Rise Park Academy Trust — 2021

The tribunal dismissed both Claimants' unfair dismissal claims and their claims for less favourable treatment because of part-time worker status. It accepted that Rise Park Academy Trust had a genuine redundancy situation arising from financial pressure and the need to make substantial savings to avoid a deficit, and found that the decision to reduce support staff, including teaching assistants, was supported by board and committee minutes and the consultation materials.

On the redundancy process, the tribunal found that the Respondent consulted with staff and trade union representatives, offered individual meetings, used a competitive selection process based on tests, interviews and performance appraisals, and applied agreed weightings of 20% for each test, 40% for interviews and 20% for performance. It rejected the Claimants' criticisms of the test level, the marking, the weighting and the timing of the process, and found no evidence of bad faith, bias or a predetermined outcome. It also found that scoring errors identified in the English paper for Miss Gray were corrected but did not alter the overall result.

The tribunal found that both Claimants were in the lowest six on the selection matrix and were selected for redundancy. It accepted the Respondent's evidence that the appeal process was later than ideal but not so delayed as to be unfair, and that the appeal panel considered the complaints thoroughly. It also found that the Claimants were not entitled to voluntary redundancy or to be slotted into alternative roles, and that the advertisement of a pupil premium post was sent to them in time to apply, though they did not do so.

On the Part-Time Workers Regulations claim, the tribunal found that the Claimants' chosen comparators, Miss Haley and Ms Braybrook, were themselves treated as part-time workers under the employer's custom and practice and were paid on a fractional basis. It found that the assimilation of Miss Haley into a nursery role was carried out under the Respondent's contractual assimilation process and was unrelated to part-time status. The claims for less favourable treatment were therefore dismissed.