J Hendry (sitting alone) Mrs Shirley Wilson v Represented by: Mr F Lefevre Solicitor Lows Traditional Ltd — 2017

Mrs Shirley Wilson worked as a Catering Supervisor for Lows Traditional Ltd from 15 March 2007. The tribunal accepted that the respondent had a genuine redundancy situation because lunchtime trade had fallen, but it held that the dismissal process was unfair. At the 11 November 2016 meeting the respondent said one employee from the four morning/lunchtime staff would be made redundant, but the selection criteria were only described in general terms, no scoring system was explained, and the claimant was not given her scores or any right of appeal.

The tribunal found there had not been meaningful consultation about avoiding redundancy, redeployment, reduced hours, or voluntary redundancy, and it accepted the claimant's evidence that she did not have a proper consultation meeting on 14 November 2016. It also held that the alternative catering supervisor role starting at 4.30pm was not a reasonable suitable alternative employment in the circumstances, having regard to the claimant's long-standing morning hours, her childcare commitments for her daughter, and the change in the nature of the work. The tribunal considered it reasonable that she declined that offer.

The unfair dismissal claim succeeded. The tribunal awarded a basic award of £2,024.73 and a compensatory award reduced by 30% for Polkey risk to £3,605.22. It recorded a prescribed element of £2,525.90, with £3,104.05 immediately due, and also ordered reimbursement of £1,200 tribunal fees. The separate breach of contract claim for notice pay also succeeded, because the letter of 17 November 2016 did not clearly require the claimant to work her nine-week notice period and the later letter of 21 November 2016 came too late to alter that position.