Member G Doherty Tribunal Member G Powell Mrs P Woodward v Cornerstone Community Care — 2021

The claimant was employed as a team leader in the Dundee Children’s Service. The respondent decided to close that service for financial reasons, and the tribunal found that the claimant’s role was redundant. The claimant was consulted, alternative team member roles in Dundee were discussed, and she was given an appeal against dismissal. The tribunal found the respondent’s approach, including not preserving team leader pay or mileage arrangements, was within the range of reasonable responses.

The tribunal considered a later Perth team member vacancy. It accepted that the managers handling the redundancy process had initially been unaware of the vacancy, and that the role involved lower pay, split shifts, weekend and evening work, which the claimant had previously indicated were unsuitable. Once the claimant raised the vacancy, the respondent gave her information about it, offered to extend the closing date, and required a meeting or interview because the supported person’s family wanted involvement in recruitment. The tribunal found that this was also within the range of reasonable responses.

On the sex discrimination complaints, the tribunal accepted that comments had been made asking whether the claimant might be better off financially taking redundancy, but found no evidence that the comments were because of sex. It also found no evidence that a hypothetical male comparator would have been treated differently in relation to the Perth vacancy or the requirement to attend an interview or meet and greet. The direct discrimination and harassment claims were dismissed.