Redundancy during pandemic: fair process despite limited alternatives

What this case shows in practice

This case illustrates how employers can successfully defend redundancy dismissals when they follow a thorough process, even during a crisis. The Mechanical Design Engineer, with three years' service, was made redundant after his employer, Designer M&E Services UK Limited, disbanded the entire Design Department due to a projected 50% revenue loss from the pandemic. The tribunal found that the redundancy situation was genuine and that the employer conducted a fair consultation over several weeks, offering alternative roles including a Revit Coordinator position, which the claimant declined.

What the losing side could have done differently

While the claimant argued that the employer should have considered bumping (replacing another employee) or offered more alternatives, the tribunal accepted the employer's evidence that bumping was not viable and that the Revit role was a genuine option. The claimant's own rejection of that role weakened his case. For employees facing redundancy, it is important to engage constructively with consultation and consider all alternatives, as declining a suitable role may limit future claims.

Why the result matters for similar claims

This decision reinforces that tribunals will not second-guess business decisions about restructuring, provided the process is fair. Employers should ensure they have a clear business case, conduct meaningful consultation, and consider alternatives. For employees, the case highlights that a redundancy dismissal can be fair even if the employee disagrees with the selection or believes other options existed, as long as the employer acted reasonably in the circumstances.