Kitchen manager dismissed without consultation in redundancy: unfair dismissal
A kitchen manager with two years' service was unfairly dismissed when her employer made her redundant without any consultation or warning. The tribunal awarded £4,809.49 in compensation.
1 min read · Last updated 19 May 2026
Case details
Key facts
- The claimant was employed from 9 November 2020 to 1 February 2023 as Kitchen/Production Manager.
- The respondent dismissed the claimant without notice or consultation, citing redundancy due to cost-cutting.
- The claimant's duties were transferred to another existing employee after dismissal.
- The claimant found alternative employment from 24 July 2023 at a lower salary.
- The respondent failed to pay notice pay, holiday pay, and a redundancy payment.
- The tribunal found the dismissal unfair due to lack of consultation, warning, or consideration of alternatives.
Timeline
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Employment started
Claimant began employment with respondent.
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Role change
Claimant became Kitchen/Production Manager with annual salary of £26,000.
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Personal circumstances
Claimant's friend had a baby with serious health issues; claimant took leave and worked from home temporarily.
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Demotion and stress
Claimant was told she would be demoted to chef; she went on sick leave with stress.
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Redundancy proposal
Meeting with HR: claimant offered zero-hours contract or redundancy; no formal process.
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Dismissal
Respondent ended claimant's employment without notice; claimant discovered via HMRC.
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Notice period end
Two-week notice period ended; claimant remained unemployed.
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ACAS early conciliation started
Claimant initiated ACAS early conciliation.
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Claim submitted
Claimant submitted claim to employment tribunal.
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New employment started
Claimant started new job in health and social care at £21,715 per annum.
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Initial hearing
Tribunal heard claim; respondent did not attend; judgment issued.
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Reconsideration hearing
Tribunal reconsidered remedy; varied award due to new evidence.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed by reason of redundancy, and whether she was entitled to notice pay, holiday pay, and a redundancy payment.
The outcome
The tribunal found that the claimant was unfairly dismissed. The respondent dismissed her without notice or consultation, citing redundancy due to cost-cutting, but her duties were transferred to another existing employee.
Compensation awarded:
- Notice pay: £1,000
- Holiday pay: £250
- Redundancy payment: £1,000
- Compensatory award: £16,209.86 (subject to recoupment)
- Total awarded: £4,809.49 (after recoupment adjustments)
Lessons & takeaways
- Even small employers must follow a fair redundancy process, including consultation and consideration of alternatives.
- Transferring a claimant's duties to another employee can undermine the genuineness of a redundancy situation.
- Failing to pay notice pay, holiday pay, and redundancy pay can lead to additional claims for breach of contract.
- Claimants can pursue claims without a solicitor; the tribunal can award compensation even if the respondent does not attend.
This case shows what can happen when a small employer tries to cut costs by making an employee redundant without following any proper process. The claimant, a kitchen/production manager, was told she would be demoted, then offered a zero-hours contract or redundancy, and finally dismissed without notice. She only found out about her dismissal through HMRC.
What the employer did wrong
The respondent, Jam'n'vegan, failed to consult with the claimant or give her any warning that her role was at risk. They did not consider alternatives to redundancy, such as reducing hours or offering other roles. After dismissal, her duties were simply transferred to another existing employee, which raised doubts about whether redundancy was the real reason.
Why the result matters
This case is a reminder that the right to a fair dismissal applies regardless of the employer's size. The tribunal awarded compensation for notice pay, holiday pay, a redundancy payment, and loss of earnings. The claimant represented herself and still succeeded, showing that individuals can navigate the tribunal system without a lawyer.
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