Claimant v Novita Diamonds Limited

Outcome

Facts

The claimant worked as Operations Logistics Manager for a diamond trading company from February 2022 to July 2024. On 12 July 2024, one hour before end of shift, she was called to a meeting and told her role was redundant effective immediately. No prior warning or consultation had occurred. All decisions including dismissal and no redeployment had been made before the meeting. The claimant raised a grievance challenging the lack of consultation, unclear selection criteria, and failure to explore alternatives. She subsequently returned to Italy due to ill-health and inability to afford her London accommodation.

Decision

The tribunal found the dismissal unfair. The respondent's witnesses failed to appear to prove a potentially fair reason for dismissal. The tribunal was not satisfied there was a genuine redundancy situation as the logistics operations function continued. There was no prior consultation before the meeting which opened after all decisions had been made. The tribunal declined to apply a Polkey reduction given the fundamental breach and lack of reliable evidence about the workplace situation.

Practical note

Award breakdown

Award equivalent: 32.4 weeks' gross pay

Legal authorities cited