In person For the v Mitac Europe Ltd. — 2020

Ms Niro worked for the respondent from 2008 and became a statutory director in 2010. After the business was sold in August 2018, the new owners took a more active role in day-to-day management. The tribunal found that her previous management and line-management responsibilities were reduced, that she raised concerns by grievance in October 2018, and that the respondent then moved to a redundancy consultation process.

The tribunal held that the role offered to her, Head of Accounts and Administration, was not suitable alternative employment. It found that the role was materially lower in status, removed her management responsibilities, and was not equivalent to the role she had previously carried out. It also rejected the respondent's case that her bonus was not contractual, relying on the 26 November 2013 letter as recording a material contractual change under section 4 ERA 1996. The warning issued on 26 November 2018, without any prior disciplinary process, was treated as part of the final sequence of events.

Applying section 95(1)(c) ERA 1996 and the authorities on mutual trust and confidence, the tribunal held that the claimant's resignation on 28 November 2018 amounted to a dismissal and that the dismissal was unfair. It nevertheless accepted that the claimant's former role had become redundant and that, had the respondent followed a fair procedure, it could have fairly dismissed her on the same day on the ground of redundancy. The judgment stated that she would be entitled to notice pay and a redundancy payment, and to a compensatory award of £350 for loss of statutory rights, with the remaining remedy to be agreed or determined at a further hearing.