Cases3310244/2023

Claimant v Honeywell Control Systems Limited

19 August 2025Before Employment Judge Isabel ManleyBury St Edmundsremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The tribunal found the reason for dismissal was genuine redundancy due to cessation of direct selling in the Sine business. The respondent acted reasonably: the claimant was adequately warned and consulted, the selection pool was appropriate (all three direct sellers), and the respondent supported the claimant in seeking alternative employment. The overall process, including appeal, was fair despite minor imperfections.

Direct Discrimination(race)failed

The claimant alleged less favourable treatment in being selected for redundancy while white employees (McCann and Rubick) were retained. The tribunal found Mr Rubick was also at risk but secured an alternative role the claimant did not apply for, and Mr McCann was in materially different circumstances as a channel sales representative. The claimant failed to establish a prima facie case of race discrimination, and the respondent provided non-discriminatory explanations.

Direct Discrimination(race)failed

The claimant alleged discrimination in not receiving a Quota Acknowledgement Form (QAF) while Mr McCann did. The tribunal found Mr McCann was in materially different circumstances as the channel sales function continued while direct sales ceased. Mr Rubick and Mr Singh (also Asian) also did not receive QAFs, indicating no connection to race.

Direct Discrimination(race)failed

The claimant alleged discrimination regarding changes to the Salesforce document (opportunity owner entries). The tribunal found the claimant was never the Opportunity Leader (Mr Bignon was), remained listed in the Opportunity Team, suffered no real detriment, and there was no evidence this had any connection to his race.

Unlawful Deduction from Wagesfailed

The claimant claimed entitlement to a SIP bonus for the Globalworth deal. The tribunal found the deal was not closed in 2022, the claimant had limited involvement in 2023, was not the Opportunity Leader, and the 2023 SIP plan (which permitted the respondent to change terms) only allowed payments for direct sales or account expansion—neither of which applied. The claimant failed to prove contractual entitlement.

Breach of Contractfailed

Same as unlawful deduction of wages claim—the claimant could not show he was entitled under his contract to a SIP payment for the Globalworth deal, which was a Forge-led channel deal not qualifying under the 2023 SIP criteria applicable to his role.

Holiday Paywithdrawn

Withdrawn by claimant at the commencement of the hearing.

Facts

The claimant, an Asian Senior Business Development Manager employed since December 2020, was made redundant in May 2023 when the respondent decided to cease direct selling in the Sine part of the business. He and two Asian colleagues (Singh and Rubick) were placed at risk, while a white Channel Sales Representative (McCann) was retained. Rubick secured an alternative 'Inside Sales' role. The claimant applied for an 'Enterprise Sales Leader' role in Forge but was unsuccessful after interview. He also claimed entitlement to a SIP bonus for the Globalworth deal he had assisted with in 2022, but the deal closed in March 2023 as a Forge-led channel deal under a changed 2023 SIP plan that excluded such payments for his role.

Decision

The tribunal dismissed all claims. The dismissal was for genuine redundancy and conducted fairly with adequate consultation and support for alternative employment. The race discrimination claims failed because comparators were in materially different circumstances (McCann was channel sales; Rubick secured a role the claimant did not apply for), and there was no evidence of less favourable treatment due to race. The wages/contract claim failed because the claimant could not prove entitlement under the 2023 SIP plan to a bonus for a Forge-led channel deal.

Practical note

A redundancy dismissal will be fair even with minor procedural imperfections if there is genuine redundancy, reasonable consultation, appropriate selection pool, and support for alternative employment; race discrimination claims fail where named comparators are in materially different circumstances and the claimant cannot establish prima facie less favourable treatment.

Legal authorities cited

Madarassy v Nomura International Plc [2007] ICR 867Barton v Investec Henderson Crosthwaite Securities Ltd [2003] IRLR 332Capita Hartshead Ltd v Byard [2012] IRLR 185Igen v Wong [2005] ICR 931Williams v Compair Maxam [1982] ICR 156

Statutes

EqA 2010 s.13EqA 2010 s.123EqA 2010 s.23EqA 2010 s.136ERA 1996 s.139ERA 1996 s.98ERA 1996 s.13

Case details

Case number
3310244/2023
Decision date
19 August 2025
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Sector
technology
Represented
Yes
Rep type
barrister

Employment details

Role
Senior Business Development Manager / Enterprise Account Executive
Service
2 years

Claimant representation

Represented
Yes
Rep type
barrister