Mr C Smith v Represented by Mr D Stevenson CAB Representative East Lothian Council — 2024

Mr C Smith brought claims of unfair dismissal, wrongful dismissal and failure to pay a statutory redundancy payment against East Lothian Council. The wrongful dismissal complaint was withdrawn at the commencement of the final hearing, and the redundancy payment complaint was withdrawn during submissions. The only live merits issue for determination was unfair dismissal.

The tribunal accepted that the principal reason for dismissal was some other substantial reason, not redundancy. It found the dismissal arose from a restructure of Protective Services and the decision to reorganise how abandoned vehicles work was undertaken. The tribunal noted there were sound, good business reasons for the restructure and that the claimant's role was removed from the respondent's structure.

In applying s.98(4) ERA 1996 and the range of reasonable responses approach from Iceland Frozen Foods Limited [1982] IRLR 439, the tribunal held that the respondent acted reasonably in treating the restructure as a sufficient reason for dismissal. It found that the respondent carried out individual and collective consultation, explored alternative roles, and followed a fair matching process. The claimant was considered for the Community Protection Officer and Senior Community Protection Officer roles, but rejected the first and later declined the second, and the tribunal accepted LC's evidence that he did not meet the essential requirements for the Environmental Compliance Officer role, even on a trial basis.

The tribunal also found that no other viable alternatives had been identified, that the claimant was the only person who did not accept a role in the new structure, and that a fair procedure had been followed, including warning, consultation, and appeal. It therefore dismissed the unfair dismissal complaint.