Mrs Angela Wilson v Represented by: Ms K Bain,15 Friend West Dunbartonshire Council — 2021

Mrs Angela Wilson claimed she had been unfairly dismissed when West Dunbartonshire Council terminated her employment and offered her alternative employment, which she accepted. The respondent admitted dismissal but said the reason was some other substantial reason arising from reorganisation, not redundancy. The tribunal heard evidence from the claimant, the Chief Executive, and the Chief Officer (People and Technology), and considered the council's restructuring from 2016, the 2019 changes, and the phase 3 restructure implemented in 2020.

The tribunal rejected the claimant's case that her dismissal was by reason of redundancy within section 139 Employment Rights Act 1996. It found that the work previously done by Strategic Directors did not disappear or diminish; rather, the same work and responsibilities continued and were carried out in a different structure by Chief Officers. Applying the Burrell approach and the authorities it cited, the tribunal held there was no redundancy situation because the employer's requirement for employees to carry out work of a particular kind had not ceased or diminished.

The tribunal found the reason for dismissal was some other substantial reason, namely business reorganisation, and that the dismissal was fair within section 98(4) Employment Rights Act 1996. It accepted that the Chief Executive had a sound business reason to delayer the organisation, create a flatter and more agile leadership team, and pursue efficiencies. The tribunal also relied on the fact that the claimant was consulted individually, the trade unions were notified and met, the new structure was approved by committee, and the claimant was offered a Chief Officer post with pay protection that was later extended to perpetuity, together with pension protection for 10 years. The claim was therefore dismissed.