Cases6005944/2024

Claimant v G D Hair Limited

21 January 2025Before Employment Judge McGoughBirminghamremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The tribunal found that the reason for dismissal was redundancy, a potentially fair reason. The respondent warned and consulted the claimant adequately through two consultation meetings, adopted a reasonable selection pool (claimant was the only standalone colour technician), and offered alternative roles which the claimant declined. The dismissal fell within the band of reasonable responses for a reasonable employer.

Facts

Claimant was employed as a standalone colour technician in a small hair salon. The respondent experienced a downturn in demand for colour work due to cost of living pressures, and determined it needed multi-skilled staff who could do both cutting and colouring to optimize working time. The claimant was the only employee who performed solely colouring work and had periods of downtime. The respondent put the claimant at risk of redundancy, held two consultation meetings offering alternatives (working Tuesdays, multi-skilled role including cutting), which the claimant declined as she did not enjoy cutting. The claimant was dismissed on grounds of redundancy on 22 May 2024 after a two-week consultation period.

Decision

The tribunal found the dismissal was fair. The reason was genuine redundancy due to diminished requirement for standalone colour technician work. The respondent acted within the band of reasonable responses by: consulting the claimant adequately over two meetings, reasonably placing her in a pool of one as the only standalone colour technician, and offering alternative roles which she declined. The lack of a successful appeal process did not render the dismissal unfair in the circumstances.

Practical note

A small employer can fairly dismiss an employee in a 'pool of one' for redundancy where there is genuine diminution in work of that particular kind, provided it consults adequately and offers reasonable alternatives, even without formal selection scoring.

Legal authorities cited

Williams v Compair Maxam [1982] ICR 156Moon v Homeworthy Furniture (Northern) Ltd [1976] IRLR 298Hendy Banks City Print Limited v Fairbrother EAT 0691/04Taymech v Ryan EAT 663/94Murray v Foyle Meats Ltd [2000] 1 AC 51Iceland Frozen Foods v Jones [1983] ICR 17Wrexham Golf Club Co Limited v Ingham EAT 0190/12Gwynedd Council v Barratt [2021] EWCA Civ 1322R v British Coal Corporation, ex parte Price [1994] IRLR 72Safeway Stores Plc v Burrell [1997] ICR 523Polkey v A E Dayton Services Ltd [1988] ICR 142

Statutes

ERA 1996 s.94ERA 1996 s.139ERA 1996 s.98

Case details

Case number
6005944/2024
Decision date
21 January 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
lay rep

Employment details

Role
Technician
Salary band
£20,000–£25,000
Service
2 years

Claimant representation

Represented
No