Mr A Pycock, Lay Representative For the v Mr C MacNaughton, Solicitor — 2022

Mrs Alison Woodward had transferred to XPO Logistics Limited on 5 January 2021 in connection with the Coca-Cola logistics contract, after which the parties disputed a proposed permanent change from Milton Keynes to Crick. The tribunal found that the respondent sought to bring the claimant back from furlough, that the working location proposal developed through consultation, and that the dismissal and re-engagement letter of 4 June 2021 offered a role at Crick for three days per week and Milton Keynes for two days per week with a salary increase to £30,548.36 to reflect travel costs.

The tribunal held that the reason for dismissal was redundancy. It accepted that the Milton Keynes requirements had ceased or diminished because the site remained closed, and that the respondent also wanted the Team Leader on site at Crick because of the way the contract was being managed. It found the dismissal was not for a reason connected to the transfer for TUPE purposes. It also found that the proposed alternative employment was suitable, but that Mrs Woodward reasonably refused it because it would create significant additional travel and childcare costs and would disrupt her home and family life.

The sex discrimination complaint was dismissed. Although the respondent operated a PCP requiring staff on the Coca-Cola contract to be based at Crick, the tribunal found no evidence of any group disadvantage to women. It concluded that the disadvantage relied on by the claimant arose from her own personal childcare circumstances rather than from a disadvantage shared by women as a group. The claimant had received her full contractual notice, and the tribunal also made a Preparation Time Order of £145.