Cases2411365/2023

Claimant v Sopra Steria Limited

18 November 2025Before Employment Judge MillnsManchesterremote video

Outcome

Other

Individual claims

Unfair Dismissalnot determined

Multiple allegations relating to fairness of redundancy dismissal remain live after preliminary hearing, including alleged failures to provide information on redundancy payment calculation during consultation. Several procedural unfairness allegations were withdrawn or struck out, but core claims about consultation adequacy remain for full hearing.

Breach of Contractwithdrawn

Claim for enhanced redundancy payment (valued at approximately £180,000) withdrawn by claimant at preliminary hearing as she intends to pursue it in another jurisdiction, as only £25,000 can be recovered in employment tribunal.

Breach of Contractnot determined

Claim for payment for accrued TOIL (time off in lieu) on termination proceeds to full hearing. Claimant alleges oral contractual variation on 29 March 2023 that her TOIL would be 'protected' and paid on redundancy, with consideration being her agreement to work beyond April 2023 termination date.

Breach of Contractnot determined

Claim for unpaid notice pay from 16 May to 26 May 2023 proceeds to full hearing. Claimant alleges she was given notice of redundancy on 3 March 2023 which should have expired on 26 May 2023 but was only paid until 16 May 2023, based on alleged oral agreement with HR.

Unlawful Deduction from Wageswithdrawn

Claim for holiday pay that would have been accrued if notice period had been worked was withdrawn by the claimant at the preliminary hearing.

Redundancy Paynot determined

Statutory redundancy payment claim remains live. Claimant received redundancy notice on 3 March 2023 and alleges failures in the redundancy consultation process including late provision of accurate redundancy payment figures (initial estimate £256,000 later reduced to actual figure of £118,000 provided only two days before termination).

Facts

Claimant was made redundant by respondent IT services company. She was given notice on 3 March 2023 and her employment ended on 16 May 2023. During redundancy consultation she was initially given an estimated total pension figure of £256,000 as part of her redundancy package, but only received the accurate lower figure of £118,000 two working days before her originally understood termination date of 30 April 2023. The claimant alleges this and other failures to provide information during consultation rendered the dismissal unfair. She also brings breach of contract claims for TOIL payment and notice pay based on alleged oral contractual variations.

Decision

This was a preliminary hearing on respondent's strike out/deposit order application. The tribunal dismissed several unfair dismissal allegations on withdrawal and struck out two allegations for lack of reasonable prospects of success due to non-compliance with orders for further particulars. However, the tribunal refused to strike out the core unfair dismissal allegations about lack of information during redundancy consultation, and the breach of contract claims for TOIL and notice pay, finding these involved factual disputes requiring determination at full hearing.

Practical note

Tribunals will not strike out redundancy fairness claims based on alleged failures in consultation where there are genuine factual disputes about the adequacy and timing of information provided, even where a litigant in person's pleadings require clarification.

Legal authorities cited

Polkey v A E Dayton Services Ltd [1988] ICR 142Ezsias v North Glamorgan NHS Trust [2007] EWCA Civ 330Balls v Downham Market High School & College UKEAT/0343/10Cox v Adecco UKEAT/0339/29 [2021] ICR 1307Weir Valves & Control (UK) Ltd v Armitage [2004] ICR 371Van Rensburg v Royal Borough of Kingston-Upon-Thames UKEAT/0096/07De Bank Haycocks v ADP RPO UK Ltd [2023] EAT 129Amber v West Yorkshire Fire and Rescue Service [2024] EAT 146

Statutes

ERA 1996 s.98(1)Employment Tribunals Rules of Procedure 2013 r.40ERA 1996 s.98(4)Employment Tribunals Rules of Procedure 2013 r.38

Case details

Case number
2411365/2023
Decision date
18 November 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
technology
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No