The words 'restructuring' and 'reorganisation' are perhaps too often heard on the lips of employers seeking to justify staff dismissals – but, as one case strikingly showed, Employment Tribunals (ETs) are proficient at discerning whether such explanations are genuine or merely being used as a smokescreen (Brown v Tender Heart Support Services Ltd).
The case concerned a woman who worked as a team leader for a company that provided supported living for clients with mental health problems. Her line manager dismissed her on the basis that reorganisation of the business, including staff cuts, had been forced upon it by the requirements of a local authority client. She later launched ET proceedings, alleging unfair dismissal.
Upholding her claim, the ET noted that there was no documentary or other evidence that the company had been undergoing a reorganisation at the relevant time. It found that the only real reason for her dismissal was that she had raised serious and genuine concerns relating to working conditions and practices, which her line manager considered troublesome and inconvenient.
The line manager concealed from her that he had replaced her with someone else and proceeded to dismiss her when she was no longer needed. He positively misled her by telling her that she had nothing to worry about prior to a meeting at which she was informed of the predetermined decision to summarily dismiss her.
Concluding that her dismissal was both substantively and procedurally, grossly unfair, the ET noted that she had no opportunity to prepare for the meeting and was not told that she was entitled to be accompanied. She was not informed of her right to challenge her dismissal and, when she did appeal, there was no attempt to address the substance of her grounds. The amount of her compensation would be assessed at a further hearing, if not agreed.
Our expert lawyers can advise you on any matter relating to disciplinary proceedings and unfair dismissal claims.
Contact Emma-Louise Hewitt e.hewitt@sydneymitchell.co.uk 08081668860
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