Claimant v Dever Springs Ltd
Outcome
Individual claims
The tribunal found the dismissal was for a genuine redundancy reason due to the fishery's significant financial losses and restructuring. The employer's decision to close the public fishery and create a different role focused on corporate hospitality, requiring different skills, fell within the band of reasonable responses. The claimant was consulted but did not propose himself for the new role, and the employer reasonably believed he lacked the required interpersonal skills for the corporate hospitality focus.
Facts
The claimant worked for a trout fishery from December 2017 to May 2024 as Fisheries Assistant Manager. The fishery experienced increasing losses over three years, culminating in a £121,576 loss in 2023/24. In February 2024, both the claimant and the fishery manager went on sick leave, forcing closure of the fishery to the public. The employer decided to restructure, converting to a private members club with reduced staff. The claimant was consulted about redundancy but did not suggest alternatives or express interest in the restructured role. After dismissal, a new Corporate Hospitality Fisheries Manager role was created, filled by a candidate the employer believed had better interpersonal skills for the corporate hospitality focus.
Decision
The tribunal found the dismissal was fair. The reason was genuine redundancy due to financial losses and business restructuring. The employer acted reasonably: the new role required different skills focused on corporate hospitality, the claimant was consulted but did not propose himself for alternatives, and the employer's belief that the claimant lacked the required skills was reasonable based on years of observation. The decision fell within the band of reasonable responses.
Practical note
An employer facing significant financial losses can fairly make employees redundant when restructuring, even if a new role is later created, provided the new role genuinely requires different skills and proper consultation occurred.
Legal authorities cited
Statutes
Case details
- Case number
- 1401715/2024
- Decision date
- 23 April 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Fisheries Assistant Manager
- Service
- 6 years
Claimant representation
- Represented
- No