Page 33 - BOSS Today Issue 18

“they threw out all her other

claims but found she was
unfairly dismissed due to this

small procedural point.”

since the account Managers
performed a very different job,
and hence the discrimination
case was completely without
merit. What no one (including
the Claimant) had spotted was
that due to the restructure
there was an extra day’s
reception work per week. The
Tribunal picked up on this fact
and decided that the Claimant
should have been offered this
DO sweat Ounfortunately all her other claims but found
position as suitable alternative
employment. They threw out
ne recent case is
a good example:
she was unfairly dismissed due
to this small procedural point.
this particular employer
Suitable alternative
employment is often dealt
was undergoing a small
the small redundancy exercise, which with by employers as a bit of
an afterthought at the end of
meant the loss of all Client
a redundancy process. In this
Service advisors (CSa), with
their duties being subsumed
particular case, the employer
into other jobs. The Claimant,
had no doubt that she would
just about to go off on
not have accepted this one
stuff!! maternity leave, refused the day a week position. However,
offer of consultation, saying
needless to say, at the Tribunal
that she was too upset to
she said she would have
come to any meetings. This
accepted it. If the employer had
“applied its mind” to this part
left the company in difficulties
of the process, offered her this
and they were concerned that
they might be found to have
refusal, then the Tribunal could
failed to consult properly. position and got her written
The Claimant duly submitted not have taken it any further.
to the employment Tribunal Happily, the amount she was
that she had not been properly awarded in compensation
consulted and that all the was minimal and did not even
account Managers should cover her legal fees. Since the
have been included in the employer had previously offered
pool for selection. She also her more to settle and avoid the
claimed that she had been need for a hearing, perhaps that
discriminated against as a counted as a win after all!
pregnant woman. BPIF legal
advised that the consultation n For Further
issue had very little merit inFormation contact
and that the selection pool the BoSS LegaL team on
was definitely a non-starter, 0845 450 1565

July/August 2013 | BOSS TODAY 33

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