Mr D Brooks v Riverway Foods — 2022

Mr Brooks was employed by Riverway Foods from 20 February 2006 until 30 April 2021, most recently as night shift manager. The tribunal accepted that the respondent dismissed him by reason of redundancy: it expected the requirements of the business for a permanent night shift production manager to cease when the night shift at Harlow was due to end.

The tribunal found that the claimant knew before taking the permanent night shift role in August 2020 that the arrangement was likely to be temporary. It accepted that he was consulted in November 2020 and again in January and February 2021, that he was offered a day shift production manager role, and that he declined that role because of the lower pay and his childcare arrangements. It found that the consultation and warning were adequate in the circumstances and that the respondent made reasonable efforts to identify suitable alternative work.

During the notice period the respondent decided that the night shift had to restart temporarily and offered the claimant continued employment on a rolling three-month notice basis, with redundancy rights preserved. The tribunal found that this offer was made in good faith and remained open until the end of employment, but that the claimant did not take it up because he wanted his grievance appeal to be resolved first and had told the respondent not to contact him. Applying section 98(4) of the Employment Rights Act 1996, the tribunal held that the dismissal fell within the range of reasonable responses and dismissed the unfair dismissal claim.

The unlawful deduction from wages complaint was not pursued to a merits decision and was dismissed upon withdrawal by the claimant. No monetary award was recorded.