Mr A Lyon Wyvis One Estate Ltd v Represented by: Mr E Stafford - Solicitor — 2023

Mr A Lyon worked for Wyvis One Estate Ltd as a General Farm Worker from 1 June 2014 until 3 April 2023. The tribunal found that there were no written terms of employment and no written holiday agreement, and that his leave year ran from 1 June to 30 May.

The tribunal accepted the respondent's evidence that, by April 2023, the estate had changed its approach to feeding deer following advice from Nature Scotland and was removing the wild boar because of licensing and regulatory burden. It found that the requirements for work of the kind the claimant did had diminished, that his role was the only General Farm Hand role, and that there were no suitable alternative vacancies.

Applying the redundancy authorities it cited, including s.98(4) ERA 1996, Safeway Stores plc v Burrell, Murray v Foyle Meats and Polkey, the tribunal held that the dismissal fell within the range of reasonable responses. It also recorded that there had been no consultation at all and no justification for immediate dismissal on 3 April 2023. It refused reinstatement and said re-engagement was not practicable because there was no vacancy and because of the working relationship issues described in the evidence.

On remedy, the tribunal stated that the unfair dismissal claim did not succeed and is dismissed, but it awarded £1,034.37 to reflect a notional two-week consultation period. It also awarded £1,584.97 for 16.6 days of accrued untaken holiday at £95.48 per day, and a further £1,034.37 under section 38 of the Employment Act 2002 for failure to provide written particulars.