Claimant v Oxford University Hospitals NHS Foundation Trust
Outcome
Individual claims
The tribunal found the claimant was dismissed by reason of redundancy, a potentially fair reason. The respondent's reorganisation removed the claimant's Band 4 role and she was unable to accept the alternative roles offered due to her personal circumstances requiring work to finish by 1pm. The consultation process, though extended over a year partly due to the claimant's sickness, was found to be fair with flexibility shown through changing offers including job shares. The dismissal was within the range of reasonable responses.
The claim was withdrawn by the claimant and dismissed by the tribunal on 13 May 2023.
The disability discrimination claim was withdrawn by the claimant and dismissed by the tribunal on 13 May 2023.
Facts
The claimant worked part-time (20 hours per week) as a Band 4 Administrative Assistant in the Bereavement Service from 2011 to 2021. She had a flexible working arrangement finishing by 1pm to accommodate a second NHS job starting at 1:30pm. In 2020-2021, the respondent reorganised the service, removing two Band 4 roles and creating one Band 4 Administrator role (30 hours) with line management responsibilities and one Band 2 Assistant role. The claimant was offered the Band 4 role with various working patterns, including job share options, but none accommodated her requirement to finish by 1pm. She was made redundant on 30 November 2021.
Decision
The tribunal found the dismissal was by reason of redundancy, a potentially fair reason. The respondent acted within the range of reasonable responses by reorganising to meet service needs, offering the claimant alternative roles with some flexibility, and conducting a year-long consultation process. Although the claimant had legitimate concerns about the process, the tribunal concluded the respondent acted reasonably and the claimant's personal circumstances made it impossible for her to accept the roles offered.
Practical note
Employers can fairly dismiss for redundancy where reorganisation genuinely changes role requirements, even where flexible working arrangements exist, provided reasonable consultation occurs and alternative roles are genuinely offered, though consultation must be allowed to adapt to employee sickness absence.
Legal authorities cited
Statutes
Case details
- Case number
- 3304232/2022
- Decision date
- 5 June 2024
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Administrative Assistant for the Bereavement Service
- Service
- 10 years
Claimant representation
- Represented
- No