In person For v Respondent — 2022

The claimant, Mr I Gaddour, brought a single claim of unfair dismissal arising from the termination of his employment as Themis Head Chef on 28 October 2020. The respondent relied on redundancy, or alternatively SOSR, and the tribunal accepted that there was a genuine redundancy situation caused by the impact of Covid-19 on the business and the restructuring of the kitchens at Pennyhill Park.

The tribunal found that the claimant was consulted through the Staff Consultative Committee structure and at a series of individual meetings. It held that he was kept informed at regular points, had access to the relevant materials shared through Hubbub, and was given opportunities to raise concerns, challenge the proposals, and suggest alternatives. The tribunal rejected the claimant’s argument that consultation was a sham, noting that the respondent changed parts of its plans during consultation and reduced the number of redundancies overall.

On pooling, the tribunal accepted the respondent’s explanation for placing the claimant in a pool of one rather than pooling him with the Brasserie Head Chef or with Sous Chefs/Chefs de Partie. It found that the respondent had genuinely applied its mind to the question of an appropriate pool, taking account of the different skills, responsibilities, volume of work, menu complexity, and management responsibilities. The tribunal also found that the claimant did not propose the alternative pools during consultation despite having opportunities to do so.

On alternative employment, the tribunal found that the respondent sought the claimant’s views on roles he might consider and told him about vacancies and how to apply for them. It accepted that the claimant only gave a general indication that he would consider kitchen work and did not identify specific roles. The tribunal concluded that the respondent had fulfilled its obligations in relation to alternative work and that, viewed overall, it acted reasonably in treating redundancy as a sufficient reason for dismissal. The unfair dismissal claim was therefore dismissed and the remedy hearing listed for 24 May 2022 was cancelled.