Redundancy during Covid-19: charity's restructure was genuine

When a pandemic forces a business to change direction

The Covid-19 pandemic led many organisations to rethink their operations. For Al-Khair Foundation, a faith-based charity, the lockdown meant its community fundraising activities – the core of the Masjid Liaison Officer role – effectively stopped. The charity pivoted to become an aid agency, and the claimant's role was no longer needed.

The tribunal accepted that this was a genuine redundancy situation, not a sham to get rid of the claimant. The claimant suspected his refusal to take sides in a management dispute had led to his dismissal, but the tribunal found no link. The pandemic was the decisive factor.

What the employer did right

Al-Khair Foundation held three consultation meetings with the claimant over September 2020. They explained the business rationale, discussed alternatives, and offered an appeal – which the claimant declined. For a small employer, this was enough. The tribunal noted that the claimant was in a pool of one, so there was no question of selection criteria being misapplied.

The claimant argued that schools reopening in September meant his role could resume, but the employer reasonably took a different view: mosques were only open for prayer, and donors were uncertain about the future. The tribunal did not second-guess that business judgment.

Why this matters for similar claims

This case shows that tribunals will give employers a degree of latitude when making difficult decisions in a crisis. A genuine redundancy situation, combined with a fair consultation process (even if not perfect), is likely to defeat an unfair dismissal claim. Employees who suspect ulterior motives need solid evidence – a feeling that a dispute played a part is not enough.