Mr E Stenson, Counsel For the v Mr D Byron, Director — 2023

Ms Ade Ola Williams was employed by Westgate House Limited as a nurse from 13 January 2016. The tribunal recorded that she reduced her hours on 7 September 2021 and that the respondent knew she had a second job. The claim presented on 1 April 2022 included a redundancy payment, a protected award and breach of contract.

The tribunal accepted that staff consultation meetings had taken place on 17 and 18 November 2021 and that a single representative, Mr Amidu Koroma, had been elected to discuss the redundancies. It also found that the claimant was aware of what was happening, that she had been invited to a one-to-one consultation meeting on 6 December 2021 but chose not to attend, and that the requirements of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 were satisfied. On that basis, the protected award claim was dismissed as not well founded.

The tribunal found that the claimant's employment ended on 16 December 2021 by reason of redundancy, that she was paid in full up to that date including holiday pay, and that she had subsequently received her redundancy pay. It found that she had not been placed on notice. Five weeks' notice was due, and at the accepted average net weekly wage of £546.41 the breach of contract award was £2,732.05.

At the end of the hearing the claimant applied for costs, relying on alleged unreasonable conduct in the respondent's preparation for the case. The tribunal accepted that the respondent had failed to engage properly with case preparation, but it took account of the respondent's limited means and Mr Byron's health and declined to make a costs order. The claimant's application for costs was therefore dismissed.