Cases6009392/2024

Claimant v Permacoat Limited

Outcome

Claimant succeeds

Individual claims

Unfair Dismissalsucceeded

The Tribunal found that the claimant was informed of the decision to make him redundant in a 15 minute Teams call on 24 May 2024 with no prior notice, and the decision had already been taken on 30 April 2024. He was not consulted about a proposal; he was merely informed of the decision. This meant the redundancy consultation was not meaningful and the dismissal was procedurally unfair.

Facts

The claimant, in a senior sales role at a 10-employee company, was informed in a 15-minute Teams call on 24 May 2024 that he was being made redundant with immediate effect, with no prior notice of the meeting's purpose. The Tribunal found that the decision had already been taken on 30 April 2024 and that the claimant was merely informed rather than genuinely consulted. The claimant had made detailed representations about the profitability of his part of the business and his suitability for a combined Head of Sales role.

Decision

The Tribunal refused the respondent's reconsideration application, maintaining that a four-week consultation period would have been reasonable given the claimant's senior role, the complexity of the business case and profitability figures disputed by both parties, and the need to consider alternatives including the combined Head of Sales role. The dismissal was unfair due to lack of meaningful consultation.

Practical note

Even in small companies with 10 employees, senior role redundancies require meaningful consultation of adequate duration to allow employees to challenge business decisions and explore alternatives, particularly where complex financial and redeployment issues are involved.

Legal authorities cited

Statutes

Trade Union & Labour Relations (Consolidation) Act 1992 s.188

Case details

Case number
6009392/2024
Decision date
23 May 2025
Hearing type
reconsideration
Hearing days
2
Classification
procedural

Respondent

Sector
manufacturing
Represented
No

Employment details

Role
senior role related to sales

Claimant representation

Represented
No