Cases6011425/2024

Claimant v Control & Skills Authority Limited (formerly Association of Cost Engineers Limited)

27 May 2025Before Employment Judge McGoughMidlands Westremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The tribunal found the reason for dismissal was redundancy, a potentially fair reason. The respondent adequately warned and consulted the claimant over three meetings, adopted a reasonable selection pool of two interchangeable Administration Assistants, applied fair selection criteria (technical capability, administration skills, quality of work, communication, attitude, productivity, extra effort), and there were no suitable alternative roles in the small organisation. The dismissal was within the band of reasonable responses despite the claimant's 18 years' service and previous positive appraisals.

Facts

The claimant was employed as a part-time Administration Assistant for 18 years by a small professional association. In June 2024, all three administrative staff went off sick. While covering their work, directors concluded fewer staff were needed due to system modernisation and reduced workload. After one employee resigned, the respondent placed the claimant and the remaining Administration Assistant (Mrs Jackson) in a redundancy pool. Following consultation and scoring on seven criteria, the claimant scored 18 versus Mrs Jackson's 20 and was dismissed on 26 July 2024. Mrs Jackson subsequently did not return to work and left in September 2024.

Decision

The tribunal found the dismissal was for genuine redundancy as the respondent's requirement for administrative work had diminished due to modernisation. The respondent acted within the band of reasonable responses: it pooled two employees doing interchangeable work, applied fair selection criteria based on recent performance, conducted three consultation meetings, and reasonably concluded no alternative roles existed in the small organisation. The unfair dismissal claim failed.

Practical note

Even long-serving employees with unblemished records can be fairly dismissed for redundancy if the employer demonstrates genuine diminution of work, applies fair selection criteria, and conducts reasonable consultation, regardless of previous positive appraisals covering earlier periods.

Legal authorities cited

Sainsbury's Supermarkets Ltd v Hitt [2003] ICR 111Hendy Banks City Print v Fairbrother EAT 0691/04Gwynedd Council v Barratt [2021] EWCA Civ 1322Dabson v David Cover and Sons Ltd EAT 0374/10Moon v Homeworthy Furniture (Northern) Ltd [1976] IRLR 298Murray v Foyle Meats Ltd [2000] 1 AC 51Polkey v A E Dayton Services Ltd [1988] ICR 142Iceland Frozen Foods v Jones [1983] ICR 17Williams v Compair Maxam [1982] ICR 156Safeway Stores Plc v Burrell [1997] ICR 523Amos v Max-Arc Ltd [1973] ICR 46Taymech v Ryan EAT 663/94R v British Coal Corporation ex parte Price [1994] IRLR 72

Statutes

ERA 1996 s.98ERA 1996 s.139ERA 1996 s.94

Case details

Case number
6011425/2024
Decision date
27 May 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Sector
professional services
Represented
No
Rep type
in house

Employment details

Role
Administration Assistant
Service
18 years

Claimant representation

Represented
No