Courtney Step-Marsden successful in statutory redundancy pay claim

Outer Temple’s Courtney Step-Marsden and Gerard Airey of Kilgannon & Partners LLP were successful in statutory redundancy pay claim for the Claimant against Guys and St Thomas NHS Foundation Trust.

Courtney Step-Marsden was instructed in this case which reinforces the importance of suitability in alternative employment offers during redundancy. Courtney Step-Marsden and Gerard Airey were successful in the claim and achieved a significant victory for the Claimant against Guys and St Thomas NHS Foundation Trust.

The Claimant was employed by Guys and St Thomas NHS Foundation Trust, initially as a general manager (grade 8c role). He then engaged in a number of secondments over a period of 9 years in which he was working as a Programme Director (‘PD’) a grade 8d role. The claimant confirmed to the Trust that his latest secondment was ending and asked to meet to discuss roles that may be available as his substantive role was redundant. The Claimant was then offered a lower-ranked role within a large project which he refused to accept as he did not believe it was suitable and requested his redundancy pay. The Trust refused to pay this sum and the Claimant therefore brought a claim for his statutory redundancy pay entitlement.

The case was concluded bases on:

• The Tribunal found that the Trust failed to follow its own Interim Organisational Change Policy in concluding the role was a suitable one for the Claimant.
• The Tribunal also found that the step down from 8d to 8c would inevitably have had some significance.
• The loss of status, autonomy and responsibility were simply too great to render the role objectively suitable in the circumstances.
• The Tribunal went on to hold that even had the role been objectively suitable then it would also have found that the Claimant acted subjectively reasonably in rejecting it.

This judgment stands as an important reminder for employers to rigorously follow their policies and engage with employees considerately during periods of organisational restructuring.

Read the full judgment here.

Find out more

Courtney has been instructed on a variety of employment law matters, acting for both Claimants and Respondents, including discrimination matters, unfair dismissal, and TUPE matters. She has also represented clients pro bono through the ELAAS scheme. She is currently instructed on matters before the Employment Appeal Tribunal. Courtney has a strong advisory practice. She advises on matters at all stages of proceedings, including advising on whether proceedings should be issued, strategy for conducting proceedings, prospects and settlement offers. Courtney also has experience in non-employment discrimination cases before the County Court.

To find out more about Courtney, contact Matt Sale on +44 (0)20 7427 4910 or Lexie Johnson on + 44 (0) 207 427 0801 for a confidential discussion.

News 28 Mar, 2024