Redundancy during lockdown: tribunal rejects discrimination claims by curriculum design specialist

When redundancy meets lockdown

This case illustrates how employment tribunals assess redundancy decisions made in the chaos of the first COVID-19 lockdown. The claimant, a curriculum design specialist, had only been with Eleven Plus Exams Tuition Ltd for nine months when the pandemic hit. By February 2020, her workload had already dwindled, and the March lockdown made it impossible for the small tuition company to keep her busy.

The employer decided to make her redundant on 1 April 2020, giving one week's statutory notice. The claimant argued that the real reason was discrimination: she was a US national, a woman, and the mother of a child with asthma. She claimed that refusing her request to work from home and selecting her for redundancy were indirectly discriminatory.

What the tribunal decided

The tribunal carefully examined the evidence and found that the employer had a genuine redundancy situation. The company had no work for the claimant, and other staff were also affected. The decision to dismiss was not based on her race, sex, or her son's health. Importantly, the tribunal concluded that her son's asthma did not meet the legal test for disability under the Equality Act 2010, so the associative disability claim could not succeed.

On the working-from-home issue, the tribunal noted that the employer had a consistent policy of not allowing staff to work from home unless in a business-critical role. This policy was applied to everyone, not just the claimant. There was no evidence that it put women or non-UK nationals at a particular disadvantage.

What the employer did right

Eleven Plus Exams Tuition Ltd was able to show that the redundancy was a genuine business decision driven by the sudden drop in work. They had considered alternatives, such as reducing hours, but the claimant's role was simply not viable. The tribunal accepted that the employer acted within the range of reasonable responses, even though the process was quick.

Key takeaway for similar claims

This case is a reminder that not every dismissal during a crisis is unfair or discriminatory. Employers who can demonstrate a genuine redundancy and a consistent application of policies are likely to succeed. For employees, it highlights the importance of establishing a protected characteristic (like disability) with proper medical evidence before bringing a discrimination claim.