Members: J Gallacher and L Millar Mr P Cook v Represented by: Mrs A Cook - Lay Representative OH Assist Limited t/a Optima Health — 2024

Mr P Cook was employed by OH Assist Limited t/a Optima Health from 13 November 2019 in a senior data insights analyst role. The tribunal found that his role was unique and more senior than the reporting team around it, but that the work for that role had diminished because of automation, reduced demand, and the respondent's cost-saving objectives. It held there was a genuine redundancy situation within section 139 ERA 1996 and that the claimant accepted at the first consultation stage that his role was at risk and that it made sense to make the role redundant.

The unfair dismissal claim was dismissed. Applying section 98(4) ERA 1996 and the redundancy authorities discussed in the judgment, the tribunal held that the consultation starting on 28 October 2024 was meaningful, that the respondent considered the claimant's 4 November 2024 representations, that it reasonably concluded a pool of one was appropriate because the claimant's role was unique and materially different from the junior reporting team roles, and that the respondent had properly considered alternatives including the Business Intelligence Developer vacancy.

The tribunal also held that the appeal process was fair. Mr Paxton, who heard the appeal, had some earlier involvement at management level but was not the decision-maker at first instance, and he reconsidered the grounds of appeal afresh before dismissing them by letter dated 28 November 2024. The victimisation complaint was withdrawn at the hearing and is recorded in the judgment as dismissed because it had been withdrawn. By consent, the respondent was ordered to pay £166.89, less deductions required by law, for one day's gross pay deducted from sums due to the claimant in breach of contract.