Cases1401715/2024

Claimant v Dever Springs Ltd

23 April 2025Before Employment Judge K RichardsonSouthamptonremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

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

Gilham and ors v Kent County Council (No.2) [1985] ICR 233Iceland Frozen Foods v Jones [1983] ICR 17Williams v Compair Maxam [1982] ICR 156

Statutes

ERA 1996 s.95ERA 1996 s.98ERA 1996 s.139ERA 1996 s.111ERA 1996 s.94

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