Partial win £2,077 awarded Employment Tribunal · 21 November 2023

Clinical Support Worker awarded statutory redundancy payment after 19 years' service

A tribunal awarded a statutory redundancy payment of £2,077.16 to a Clinical Support Worker with 19 years' service, finding that his refusal of an alternative role was not unreasonable.

1 min read · Last updated 19 May 2026

Case details

Key facts

  • The claimant worked for the respondent from September 2016 as a Clinical Support Worker, having previously worked as a bank worker from 2002.
  • The claimant had a long-term hip condition (Femeroacetabular Impingement) accepted as a disability.
  • The respondent restructured the Clinical Site Team, removing the CSW roles, and the claimant was made redundant on 28 April 2021.
  • The claimant refused an offer of a temporary Band 3 Administrator role in the Discharge Team.
  • The tribunal found the claimant was entitled to a statutory redundancy payment of £2,077.16.

Timeline

  1. Started bank work

    Claimant began working as a bank Health Care Assistant at West Middlesex University Hospital.

  2. Started permanent employment

    Claimant commenced permanent employment as a Band 3 Clinical Support Worker.

  3. Started Nurse Associate apprenticeship

    Claimant began a two-year Nurse Associate apprenticeship course.

  4. Moved to Lampton Ward

    Claimant transferred to Lampton Ward to facilitate the apprenticeship.

  5. Requested to pause course

    Claimant emailed to pause the apprenticeship due to hip pain.

  6. Returned to work

    Claimant returned to work in Outpatients after sickness absence.

  7. Submitted grievance

    Claimant submitted a formal grievance against Mr Wright.

  8. Consultation launched

    Respondent launched consultation on restructuring the Clinical Site Team.

  9. Returned to CSW role

    Claimant returned to his CSW role on a phased return.

  10. Employment terminated

    Claimant's employment ended by reason of redundancy.

  11. Remedy hearing

    Tribunal awarded statutory redundancy payment of £2,077.16.

The outcome

The tribunal awarded the claimant a statutory redundancy payment of £2,077.16.

  • The claimant had 19 years' continuous service, including bank work from 2002 and permanent employment from September 2016.
  • The respondent restructured the Clinical Site Team, removing the Clinical Support Worker role, and the claimant was made redundant on 28 April 2021.
  • The claimant refused an offer of a temporary Band 3 Administrator role in the Discharge Team, but the tribunal found this refusal was not unreasonable.
  • The award reflects the statutory redundancy payment based on age, length of service, and weekly pay.

Lessons & takeaways

  • Length of service is a key factor in determining entitlement to a statutory redundancy payment — ensure you have a clear record of continuous employment.
  • Refusing an offer of alternative employment may not always disqualify you from a redundancy payment if the role is temporary or unsuitable.
  • If you are made redundant, check whether your employer has followed the correct consultation and selection process — failure to do so may strengthen your claim.
  • Seek advice on whether you are entitled to a statutory redundancy payment, especially if you have long service or a disability.
  • Employers should ensure that alternative roles offered are suitable and permanent where possible, and clearly explain the consequences of refusal.

What this case shows in practice

This case highlights the importance of understanding your rights when facing redundancy, especially after long service. The claimant, a Clinical Support Worker with 19 years' service at the Chelsea and Westminster Hospital NHS Foundation Trust, was made redundant when his role was removed in a restructure. He was offered a temporary Band 3 Administrator role but refused it, believing it was not suitable. The tribunal agreed that his refusal was not unreasonable, and he was entitled to a statutory redundancy payment of £2,077.16.

What the losing side could have done differently

The respondent could have avoided the dispute by offering a permanent alternative role or by clearly explaining the consequences of refusing the temporary role. They might also have considered whether the claimant's long service and disability (a hip condition) warranted a more tailored approach to redeployment. The tribunal noted that the claimant had a long-term hip condition accepted as a disability, which may have influenced his ability to take on the administrative role.

Why the result matters for similar claims

This case is a reminder that statutory redundancy payments are not automatic — they depend on the circumstances of the refusal of alternative employment. Employees with long service should not feel pressured to accept unsuitable roles, and employers must ensure that any alternative offer is genuinely suitable and that the employee understands the implications of refusal. The award of £2,077.16, while modest, underscores that even partial success can provide some financial recognition of lost employment rights.

Similar cases

Partial win £229 · Aug 2023

Theatre manager with 18 years' service dismissed on capability grounds: disability and unfair dismissal claims fail

A theatre manager who was dismissed after two long periods of sickness absence lost her claims for unfair dismissal and disability discrimination, but won a small holiday pay award.

long-term-sicknessoccupational-healthdisability-discrimination
Respondent won · Jun 2023

Line Driver's discrimination claims dismissed as out of time after redundancy

An employment tribunal dismissed all discrimination claims brought by a part-time Line Driver with 4 years' service against Manheim Limited, finding they were brought too late and lacked merit. The unfair dismissal claim was withdrawn.

disability-discriminationrace-discriminationunfair-dismissal
Respondent won · May 2023

Traffic engineer dismissed after long-term sickness: capability decision upheld

A traffic engineer with PTSD and chronic pain was fairly dismissed for capability after years of sickness absence and negligible work output, the Watford tribunal has ruled.

long-term-sicknessptsdshort-term-memory-loss
Partial win £297,188 · Jun 2022

Clinic manager with 30 years' service dismissed during restructure: redundancy disguised as capability

A clinic manager who had worked for the NHS for 30 years was unfairly dismissed when her employer restructured her role and then dismissed her on ill-health grounds. The tribunal awarded nearly £300,000 in compensation.

long-term-sicknessoccupational-healthacas-code-uplift