Claimant v Association of British Dispensing Opticians

Outcome

Facts

The claimant was employed by ABDO for over 16 years as Head of Professional Services and International Development, working primarily on international activities including support for the International Opticians' Association (IOA). Facing significant financial losses (forecasting £600,000 loss for 2023) exacerbated by a cyber attack costing £100,000, the respondent conducted a review of its international activities. In July 2023, the Board decided to withdraw support for the IOA and curtail most international activities. The claimant was informed her role was at risk and three consultation meetings were held. She was dismissed for redundancy on 31 October 2023 with payment in lieu of notice. Her appeal was rejected.

Decision

The tribunal dismissed the unfair dismissal claim, finding the redundancy was genuine and fair. The tribunal concluded that the respondent's business decision to curtail international activities meant the need for employees to do that work had diminished, and the claimant was the only employee substantially engaged in that work. There was no pool for selection. Consultation was adequate, there was no duty to create an alternative role given financial constraints, and the decision not to offer a later project manager role (approved months after dismissal) was within the range of reasonable responses.

Practical note

Legal authorities cited