Long-serving employee unfairly dismissed in redundancy without notice
A Cardiff tribunal found that MB Evans Limited unfairly dismissed a 25-year employee without notice during a redundancy. The employee was awarded £21,936 in compensation.
1 min read · Last updated 18 May 2026
Key facts
- The claimant was employed from 1997 until 25 March 2022.
- The respondent dismissed the claimant without notice.
- The claimant's unfair dismissal claim succeeded.
- The claimant's redundancy payment claim succeeded.
- The compensatory award was reduced by 100% under Polkey.
- The claimant was awarded a basic award of £16,800, offset by the redundancy payment.
Timeline
-
Employment started
The claimant began working for the respondent.
-
Effective date of termination
The claimant was dismissed without notice.
-
Initial judgment
The tribunal found unfair dismissal and breach of contract, but dismissed other claims. A basic award of £16,800 and notice pay of £5,136 were ordered.
-
Reconsideration judgment
The tribunal substituted the initial judgment, adding a redundancy payment claim and offsetting the basic award.
The legal issue
The tribunal had to decide whether the employee was unfairly dismissed and whether the employer breached contract by dismissing without notice. It also considered entitlement to a redundancy payment.
The outcome
The tribunal upheld the unfair dismissal claim and breach of contract claim. It also found the employee entitled to a redundancy payment.
- Basic award for unfair dismissal: £16,800 (offset by redundancy payment, so £0 paid)
- Notice pay for breach of contract: £5,136 (net)
- Total compensation: £21,936
- The compensatory award was reduced by 100% under Polkey, meaning no additional loss was awarded beyond the basic award and notice pay.
Lessons & takeaways
- Employers must follow a fair redundancy process, including proper consultation and consideration of alternatives, especially for long-serving employees.
- Dismissing an employee without notice is a breach of contract and can lead to additional compensation for notice pay.
- Even if a redundancy is genuine, failure to follow a fair procedure can render the dismissal unfair.
- A Polkey reduction can eliminate compensation for future loss if the employee would have been dismissed anyway with a fair process.
- Length of service (25 years) is a key factor in the basic award calculation, which can be offset by a redundancy payment.
This case shows the importance of following a fair redundancy process, even when the employer believes the dismissal is justified. The employee had worked for MB Evans Limited for 25 years, from 1997 until March 2022, when they were dismissed without notice. The tribunal found that the dismissal was procedurally unfair, as the employer did not provide evidence of a fair consultation or proper selection criteria.
What went wrong
The employer failed to give notice and did not follow a fair redundancy procedure. The tribunal also found that the employee was entitled to a redundancy payment, which offset the basic award for unfair dismissal. The employer's failure to attend the hearing or provide representation meant the tribunal's findings were largely unchallenged.
Why the result matters
This case highlights that long-serving employees are entitled to a fair process, even in redundancy situations. The Polkey reduction (100%) meant that the employee received no compensation for future loss, but still secured the basic award and notice pay. For employees in similar situations, the key takeaway is that procedural fairness matters, and failing to follow it can lead to liability even if the redundancy was genuine.
Similar cases
Unfair dismissal but 100% Polkey reduction due to workplace closure
A former employee was unfairly dismissed but received only limited compensation because the tribunal found he would have been fairly dismissed a month later when the workplace closed. Total award: £12,419.29.
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.
Butcher awarded £11,871 after redundancy dismissal with no notice or holiday pay
A former butcher won £11,871 after his employer failed to pay notice, holiday pay, or a redundancy payment and did not attend the tribunal hearing.
Chef with 35 years' service dismissed without consultation when restaurant closed
A chef who worked for 35 years was made redundant without any consultation or notice when his restaurant closed. The tribunal awarded £17,766 in redundancy and notice pay, but reduced compensation for unfair dismissal by 100% because the business was bound to close.