Ms D Tonks, Niece For the v Mr M Sutton, Employment Consultant — 2023

The claimant worked for the respondent as a Fabrication Welder from 18 June 2012 and was paid £506.25 per week gross. After the respondent announced restructuring on 26 October 2020, he was placed at risk of redundancy, consulted with, scored in the welding selection pool, and ultimately dismissed on redundancy notice with an effective termination date of 4 January 2021.

On the unfair dismissal claim, the tribunal held that the reason for dismissal was redundancy within s.139(b)(i) ERA 1996 and that the dismissal was fair under s.98(4) ERA 1996. It found that the respondent applied an objective selection matrix, that Mr Bailey gathered information about the welders' skills and experience and adjusted some ratings during consultation, and that the claimant's score remained the lowest in the pool even after appeal. The tribunal rejected the arguments that furlough, the skill assessment, the selection pool, or the failure to retain him through alternative duties made the dismissal unfair, and it found that vacancies were circulated but the claimant did not apply for any of them.

The tribunal found that the claimant had COPD, alpha-1 antitrypsin deficiency, atrial fibrillation, and a stroke, but held that the respondent did not know, and could not reasonably have been expected to know, that those conditions were disabilities for the purposes of the discrimination claims during the redundancy process. It therefore dismissed the s.15 EqA claim and the reasonable adjustments claim. In relation to reasonable adjustments, the tribunal found that the claimant had not requested virtual consultation, that he had been willing to return to work in October 2020, and that the pleaded PCP was not established as one of general application in the way required by the authorities cited.

The claimant presented his discrimination claim one day out of time, but the tribunal exercised its just and equitable discretion to extend time. All claims were nevertheless dismissed, and the provisional remedy hearing listed for 6 March 2023 was vacated.