Redundancy without consultation: nursery worker wins unfair dismissal claim
A former employee of Greenfields Nursery Ltd was unfairly dismissed after the nursery failed to carry out any redundancy consultation. The tribunal awarded £4,439.30.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by Greenfields Nursery Ltd and was dismissed by reason of redundancy.
- The respondent failed to follow a fair redundancy consultation procedure.
- The claimant was entitled to notice pay which was not paid.
- The tribunal found the dismissal was unfair and awarded compensation.
- The basic award was reduced to nil because a redundancy payment was already awarded.
Timeline
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Employment start
The claimant began employment with Greenfields Nursery Ltd. Exact date not specified in judgment.
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Hearing and judgment
The employment tribunal heard the case and issued a judgment finding unfair dismissal, breach of contract for notice pay, and entitlement to a redundancy payment.
The legal issue
The tribunal had to decide whether the employee was unfairly dismissed by reason of redundancy, whether the employer breached contract by failing to pay notice pay, and whether the employee was entitled to a redundancy payment.
The outcome
The tribunal ruled that the employee was unfairly dismissed. The employer failed to carry out any redundancy consultation, which made the dismissal procedurally unfair. The employee was also entitled to notice pay and a statutory redundancy payment.
Compensation breakdown:
- Basic award: £2,308.41 (reduced to nil because a redundancy payment was awarded separately)
- Compensatory award: £473.52 (for 4 weeks' loss due to lack of consultation)
- Redundancy payment: £2,308.41
- Notice pay (breach of contract): £1,420.61
- Loss of statutory rights: £236.76
- Total: £4,439.30
Lessons & takeaways
- Employers must follow a fair redundancy consultation process, even if they believe the role is genuinely redundant.
- Failing to consult at all is a clear procedural failure that will likely make any dismissal unfair.
- Employees dismissed without proper consultation may be entitled to compensation for the period a fair process would have taken.
- Notice pay is a contractual right and must be paid even if the dismissal is for redundancy.
What this case shows
This case highlights the importance of proper redundancy procedures. The former employee of Greenfields Nursery Ltd was dismissed by reason of redundancy, but the nursery did not carry out any consultation. The tribunal found that a fair process would have taken around four weeks, and awarded compensation for that period.
What the employer could have done differently
Greenfields Nursery Ltd could have avoided this claim by following a basic redundancy process: identifying the pool for selection, consulting with the affected employee, considering alternatives to dismissal, and following a fair selection criteria. Instead, the lack of any consultation meant the dismissal was automatically unfair.
Why this matters
For employees, this case reinforces that redundancy does not give employers a free pass to dismiss without process. Even where a role is genuinely redundant, a fair procedure is required. The compensation here was modest, but the principle is clear: skipping consultation will cost employers.
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