Mrs H Richards v Stanmore College — 2020

At this preliminary hearing on 27 March 2020, Employment Judge Finlay recorded that the claimant had originally brought a breach of contract complaint about the respondent’s failure to give notice of termination, saying the respondent had no contractual right to pay in lieu and that she had suffered losses including an additional year’s redundancy payment and holiday pay. The record states that the respondent had now paid those sums, and the claimant withdrew the breach of contract complaint, which was to be dismissed by consent.

The only live complaint left for the final hearing was ordinary unfair dismissal under sections 94 and 98 ERA 1996. The reason for dismissal was agreed to be redundancy under section 98(2)(c) ERA 1996; the issue identified for trial was whether the dismissal was fair under section 98(4), including whether the claimant had been notified that her job was at risk, whether consultation was adequate, whether there was a fair selection process, whether suitable alternative employment was offered, and whether the respondent could rely on the claimant’s failure to appeal.

The record also set out possible remedy issues if unfair dismissal were established, including whether any compensatory award should be reduced on a Polkey basis and whether either party had unreasonably failed to comply with an ACAS Code of Practice so as to justify an uplift or reduction under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992. No merits findings or monetary award were made at this preliminary hearing.