Imagine your business is trying to make financial savings or needs to move to a different location. One of the employees who has been dismissed for reason of redundancy however, they allege that this is not the real reason for the dismissal and that actually the business has had previous concerns about conduct or capability. Would ‘redundancy’ still prove to be a fair reason for the dismissal in any proceedings for unfair dismissal brought against the business? This was exactly the question brought before the Employment Tribunal in the case of Fish v Glen Golf Club. The Claimant was dismissed on grounds of redundancy however he alleged that this was not the real reason as the club had previously had concerns about his conduct and capability. Alongside this, he pointed out the rushed nature of the consultation process and the fact that the Claimant’s deputy had been offered a job rather than the Claimant himself.
The Employment Tribunal found in favour of the Respondent in this case. They relied on the fact that the Respondent Company has been making serious losses and had dismissed several other employees on the grounds of redundancy. The Claimant appealed the Tribunal’s decision but, again, the Employment Appeal Tribunal found for the Respondent deciding that any concerns about conduct and capability were merely background. Redundancy was the reason for the dismissal.
- In an unfair dismissal claim the employer must show:
- That they have a potentially fair reason for dismissal; and
- That they acted reasonably in treating that reason as sufficient to justify dismissing the employee.
- The potentially fair reasons are:
- Capability or qualifications
- Statutory restriction (e.g. breach of immigration laws or employee is a driver but loses driving licence etc)
- Some other substantial reason
- When starting a redundancy dismissal be sure that there is a genuine redundancy situation