Claimant v FCMS (NW) LIMITED
Outcome
Individual claims
The tribunal found the redundancy was genuine, caused by organisational restructure. The process was fair including consultation and offers of alternative roles. The claimant voluntarily accepted redundancy. The use of a part-time HCA to temporarily cover one of the claimant's eleven duties (meds management) while the new structure was implemented was reasonable and not unfair. The claimant would not have accepted the lower-paid part-time role and retaining him on full pay to do one duty would have been contrary to the respondent's financial interests.
Facts
The claimant was employed by the respondent healthcare organisation from February 2019 until June 2024 as a Business and Service Quality Lead. In February 2024 he was informed his role was at risk due to restructure and was offered alternative roles but declined to apply, accepting voluntary redundancy with enhanced payment (£2,990 statutory plus £2,500 additional). After accepting redundancy he discovered that a part-time Healthcare Assistant had taken on temporary responsibility for one of his eleven duties (medication management) during the transition period. He raised a grievance arguing this proved his role was not genuinely redundant, which was rejected at both initial hearing and appeal. He claimed unfair dismissal on this narrow ground.
Decision
The tribunal dismissed the claim. The claimant accepted there was a genuine redundancy situation, that the process was fair, and that he was properly consulted and offered alternative roles. His sole complaint was that one of his eleven duties was temporarily covered by a part-time HCA during the restructure transition. The tribunal found it entirely reasonable for the respondent to use existing staff to temporarily cover essential work during the restructure rather than retain the claimant on a full-time, higher-paid contract to perform only one duty when he had voluntarily accepted redundancy.
Practical note
A redundancy dismissal can be fair even if some duties of the redundant role continue to be performed temporarily by other staff during a restructure transition, provided the redundancy is genuine and the overall process is fair.
Legal authorities cited
Statutes
Case details
- Case number
- 6009841/2024
- Decision date
- 24 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Business and Service Quality Lead
- Salary band
- £30,000–£40,000
- Service
- 5 years
Claimant representation
- Represented
- No