In person For the v Mr M Newman (Consultant) — 2022

The claimant, Mr John Morris, was employed by United Distribution Company from 7 January 2011 and was working as Warehouse Manager when his employment ended on 2 October 2020. He brought a claim of unfair dismissal. The respondent said the dismissal was for redundancy, and the claimant accepted that he had been paid the correct redundancy payment, notice pay and outstanding holiday pay.

The tribunal found that the respondent’s need for warehouse work had diminished during the Covid-19 pandemic and that there was a genuine redundancy situation. It accepted that a warning of redundancies was given, that consultation took place, and that alternatives to termination were considered, albeit with limited options. The claimant was placed in a pool of two, which the tribunal found reasonable because only two people worked in the warehouse.

The tribunal also found that the selection process was fair. It accepted that the respondent used a skill matrix with criteria including performance, knowledge, skills, adaptability and communication. Although some assessors had only limited recent contact with the claimant, the tribunal found this was reasonable in a small business with limited management resources. The claimant scored 46 points and "Steve" scored 57, and the tribunal accepted that the computer-based element of the warehouse role had become increasingly important because the claimant could not use the Opera system or Microsoft Excel, whereas Steve could.

On that basis, the tribunal concluded that the principal reason for dismissal was redundancy, which is a potentially fair reason, and that the respondent acted reasonably in treating it as sufficient reason for dismissal. The unfair dismissal claim was therefore dismissed.