Members: Mr J McElwee Ms M McAllister Mr G Urquhart v Limited (in Liquidation) and 1 other — 2021

The claimant was employed as General Manager and his employment transferred to the Second Respondent under TUPE in May 2019. The parties agreed that he had a qualifying disability of anxiety and depression/PTSD, but the respondents disputed knowledge of disability at the relevant time. The tribunal generally accepted the respondents' evidence where it conflicted with the claimant's evidence.

On notice pay, the tribunal found the employment contract contained clear notice wording and there was no evidence of common mistake. The claimant was entitled to one week's notice per complete year of service and had already been paid that sum, so the breach of contract claim failed.

On unfair dismissal, the tribunal found a genuine redundancy situation following a significant downturn in the Second Respondent's business. It found the General Manager role could be removed with duties redistributed, that consultation on 23 and 30 September and 15 October 2019 was fair and meaningful, and that no viable alternative role was available.

On the section 15 disability discrimination claim, the claimant identified the investigations, rather than redundancy, as the alleged unfavourable treatment. The tribunal found the investigations were necessary, appropriate, fair and reasonable, that no link to disability was established, and that the Second Respondent did not know of the claimant's disability at the relevant time.