Missed redundancy interview: long-serving project manager loses unfair dismissal claim
A project manager with 10 years' service was fairly dismissed for redundancy after failing to attend a competitive interview. The tribunal rejected claims that his role as an employee representative or his grievances were the real reason.
2 min read · Last updated 19 May 2026
Case details
- #redundancy
- #tupe-transfer
- #employee-representative
- #selection-interview
- #failure-to-attend-interview
Key facts
- The claimant was employed as a Project Manager from 6 April 2011 until 29 August 2021.
- His employment transferred from Skanska Limited to Morrison Energy Services Limited on 1 April 2021 under TUPE.
- The respondent lost the Triio contract and secured a new contract (CMO) with Cadent Gas Limited, resulting in a reduced need for Project Managers.
- The claimant was elected as an employee representative for the redundancy consultation.
- The claimant failed to attend a competitive interview for a Project Manager role on 25 May 2021 and did not rearrange within the required timeframe.
- The claimant was dismissed by reason of redundancy on 29 August 2021.
Timeline
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Employment started
Claimant began employment as Project Manager with Skanska Limited.
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Second grievance raised
Claimant raised a grievance regarding car allowance entitlement.
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TUPE transfer
Claimant's employment transferred to Morrison Energy Services Limited under TUPE.
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At risk notification
Claimant was informed his role was at risk of redundancy and placed in a pool of Project Managers.
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Missed interview
Claimant did not attend the scheduled competitive interview for a Project Manager role.
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First individual consultation
Claimant attended first one-to-one consultation meeting with Paul Holliday.
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Final consultation meeting
Claimant attended third consultation meeting; informed he would be made redundant if no alternative role found.
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Redundancy confirmed
Claimant received letter confirming redundancy, with termination date of 29 August 2021.
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Unsuccessful interview
Claimant interviewed for Pre-Construction Engineer role but was not successful.
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Employment terminated
Claimant's employment ended by reason of redundancy.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for redundancy, or whether the real reason was his role as an employee representative or his grievances (which would be automatically unfair). It also considered whether the dismissal was connected to the TUPE transfer.
The outcome
The tribunal dismissed all claims. It held that the reason for dismissal was genuine redundancy due to loss of a contract and reduced need for project managers.
The employer had a fair selection process including competitive interviews. The claimant failed to attend his scheduled interview and did not rearrange in time, which directly affected his selection outcome. The consultation process was adequate, and alternative roles were considered.
No compensation was awarded as the dismissal was fair.
Lessons & takeaways
- Attending all scheduled interviews and meetings during a redundancy process is critical — failing to do so can be a decisive factor in selection.
- Being an employee representative does not give you automatic protection from redundancy if the process is genuinely about reducing headcount.
- Employers should ensure they follow a fair consultation process and consider alternatives, but they are not required to hold roles open indefinitely if the employee does not engage.
- If you raise grievances during a redundancy process, the employer should not treat you less favourably — but if the redundancy is genuine, the dismissal can still be fair.
When missing an interview costs you your job
This case shows how a single missed appointment can unravel a redundancy process, even for a long-serving employee. The claimant, a project manager with 10 years' service, was placed at risk of redundancy after his employer lost a major contract. A competitive interview process was set up to decide who would keep the remaining roles.
Despite being elected as an employee representative and having raised a grievance about his car allowance, the claimant did not attend his interview on 25 May 2021. He did not rearrange within the timeframe given. The employer proceeded without him, and he was ultimately selected for redundancy.
What the employer did right
Morrison Energy Services Limited had a clear business need: fewer project managers were required after the contract loss. They placed the claimant and others in a pool, consulted individually, and offered alternative roles. The tribunal noted that the claimant was given several opportunities to rearrange the interview but did not do so promptly. By the time he asked, the interview slots had been filled.
The employer also considered the claimant for a Pre-Construction Engineer role, but he was unsuccessful at interview. The tribunal accepted that the redundancy was genuine and that the process was fair overall.
Why the result matters
This decision reinforces that redundancy selection processes can include competitive interviews, and that employees must engage actively. Missing a key step without good reason can be fatal to a claim, even if you have long service or a protected role like employee representative. The tribunal also rejected arguments that the dismissal was automatically unfair because of the TUPE transfer or the claimant's grievances — the redundancy reason was genuine and the procedure was reasonable.
For employees facing redundancy, the lesson is clear: attend every meeting and interview, and if you cannot, rearrange immediately. For employers, the case confirms that a well-documented process with genuine consultation and fair selection criteria will usually withstand scrutiny.
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