Despite them being aware from February 2008 that they would probably have to sell up, they didn’t tell C this until mid March. In between times, they first tried to allege he had resigned (which he denied) and then that he was to be dismissed for misconduct (which he challenged and they ultimately did not pursue). In addition, they did unhelpful things like rescheduling meetings without letting him know, writing inaccurate letters and failing to give information when asked for it.
For his part, once the redundancy was advised, C deliberately did not tell them that he had found alternative work.
In the end, no-body really won from this case because the Authority held that each party should bear their own costs in other words even though C was awarded some money he still had to pay his own legal costs .
We all know that when employment relationships get bitter, they get very messy. But a genuine necessary redundancy can be carried out by an employer without requiring a degree in rocket science. Further, if done fairly and transparently most employees generally understand – if there is no money, there is no money.
Redundancies will invariably go down better if the employer is up-front and gives the employees as much information as possible as soon as possible. This way, not only are employees reassured they are not being taken advantage of; they are also much more likely to be able to find alternative work.
