Driver made redundant without warning or consultation: unfair dismissal
A lorry driver was dismissed with immediate effect when his employer decided to make him redundant, with no warning, consultation, or fair selection process. The tribunal awarded £6,278.38.
1 min read · Last updated 18 May 2026
Case details
- #redundancy
- #lack-of-consultation
- #selection-criteria-opaque
- #small-employer
- #immediate-dismissal
Key facts
- The claimant was employed as a driver at a scrap metal business with about 10 employees.
- On 4 August 2022, the respondent told the claimant he was being made redundant with immediate effect.
- The other driver, Mr Brill, was retained and continued working until 2 February 2023.
- The respondent did not warn or consult the claimant before dismissal.
- The selection criteria (skill set, attendance, reliability, performance) were not explained or evidenced.
- The tribunal found the dismissal procedurally unfair.
Timeline
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Claimant dismissed
At lunchtime, Ms Burcham told the claimant he was being made redundant with immediate effect. The other driver, Mr Brill, was retained.
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Respondent ceased trading
Metal Processing Ltd stopped trading but continued to wind down operations.
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Claimant found new job
The claimant started new employment, earning less than before.
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Mr Brill dismissed
The other driver, Mr Brill, was eventually made redundant.
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Hearing day 1
Employment Tribunal hearing via video.
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Hearing day 2 and judgment
Tribunal found dismissal unfair and awarded £6,278.38 compensation.
The legal issue
The tribunal had to decide whether the employer acted reasonably in dismissing the driver for redundancy, specifically regarding consultation, selection criteria, and consideration of alternative employment.
The outcome
The tribunal ruled that the dismissal was unfair. The employer did not warn or consult the driver before making him redundant, and the selection criteria (skill set, attendance, reliability, performance) were not explained or supported by evidence. The other driver was retained for several more months, suggesting the redundancy decision was not properly thought through.
Compensation:
- Compensatory award: £6,278.38
- No basic award or other deductions were specified.
Lessons & takeaways
- Even small employers must warn and consult employees before making them redundant, or risk an unfair dismissal finding.
- Selection criteria for redundancy must be objective, clear, and backed by evidence — vague personal opinions are not enough.
- If you retain one employee while dismissing another for redundancy, be prepared to justify why that employee was chosen for retention.
- Immediate dismissal without notice or consultation is almost always unfair, even in a small business.
This case shows what can happen when a small employer handles redundancy informally. The driver was told at lunchtime that he was being made redundant with immediate effect. There was no warning, no consultation, and no chance to discuss alternatives. The employer simply decided to keep the other driver and let the claimant go.
What makes this case particularly striking is that the retained driver continued working for another six months. That suggests the redundancy decision was not driven by an urgent need to reduce the workforce, but rather a poorly considered choice. The tribunal noted that the selection criteria — skill set, attendance, reliability, performance — were never explained to the claimant or backed up with any records. In effect, the employer made a subjective decision without any procedural fairness.
The employer could have avoided this outcome by following basic steps: warning the driver that redundancy was being considered, consulting with him about alternatives, and using objective, verifiable criteria to select who would go. Even a small business with limited HR resources can do this — it is about fairness, not bureaucracy.
For anyone in a similar situation, this case reinforces that redundancy is not a free pass to dismiss without process. The law expects employers to act reasonably, and that means giving employees a chance to respond before a final decision is made. The £6,278.38 award reflects the driver's lost earnings and the impact of the unfair dismissal.
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