Senior Quantity Surveyor unfairly dismissed after sham redundancy following suspension
A senior quantity surveyor with six years' service was unfairly dismissed after his employer called it redundancy but the tribunal found the real reason was conduct or capability. He was awarded £38,225.
1 min read · Last updated 18 May 2026
Case details
- #sham-redundancy
- #suspension
- #acas-code-uplift
- #failure-to-provide-reference
- #lack-of-consultation
Key facts
- The claimant was employed as a Senior Quantity Surveyor from 9 May 2016 until 13 January 2023.
- The claimant was suspended on 15 September 2022 pending an investigation into capability or conduct.
- On 18 October 2022 the claimant was told he was at risk of redundancy, and was dismissed for redundancy on 11 November 2022.
- The tribunal found that redundancy was not the real reason for dismissal; the real reason was related to capability or conduct.
- The respondent failed to provide a proper reference, causing a job offer to be withdrawn.
- The respondent breached the ACAS Code by keeping the claimant suspended without review.
Timeline
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Employment started
Claimant began employment with TSO SAS UK, later transferring to NGE Contracting Ltd.
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Transfer to NGE Contracting Ltd
Claimant transferred to NGE Contracting Ltd and began working in Liverpool as a Quantity Surveyor.
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Agreed to return to London
Claimant agreed to move back to London from Liverpool, with work in London from end of May/beginning of June 2022.
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Overpayment notified
Respondent notified claimant of overpayment of £399.96 and began deducting £122.21 per month from June to August 2022.
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Suspension
Claimant was invited to a capability meeting and then placed on gardening leave (suspended) pending investigation.
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Investigation not proceeded with
Claimant was told the investigation would not be proceeded with, but remained suspended.
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Redundancy at risk meeting
Claimant attended a meeting where he was told he was at risk of redundancy.
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Dismissal for redundancy
Claimant was notified he would be dismissed due to redundancy, with termination date of 6 January 2023.
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Appeal hearing
Appeal hearing chaired by the same decision maker, Mr Bicknell; claimant proposed alternatives to redundancy.
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Employment terminated
Claimant's employment ended.
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Liability hearing
Tribunal found unfair dismissal well-founded; other claims dismissed.
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Remedy hearing
Tribunal awarded £38,225.04 compensation.
The legal issue
The tribunal had to decide whether the dismissal was for a potentially fair reason (redundancy) and, if not, whether the dismissal was fair overall. It also considered whether the employer breached the ACAS Code by suspending the employee without review and failing to provide a reference.
The outcome
The tribunal found the dismissal unfair. The redundancy reason was a sham; the real reason was capability or conduct. The employer also breached the ACAS Code by keeping the employee suspended for over a month without review and failing to provide a reference, which caused a job offer to be withdrawn.
Compensation:
- Basic award: £3,426.00
- Past loss of earnings (18 weeks): £12,258.00
- Future loss of earnings (26 weeks): £17,732.00
- Employer pension contributions (44 weeks): £1,172.77
- Loss of statutory rights: £500.00
- ACAS Code uplift (10% on compensatory elements): £3,166.27
- Total: £38,225.04
Lessons & takeaways
- If you are suspended, ask for regular updates and a clear timescale; a prolonged suspension without review can breach the ACAS Code and lead to an uplift in compensation.
- Employers should not use redundancy as a cover for performance or conduct issues; tribunals will look behind the label and examine the real reason.
- Failing to provide a reference can be a separate breach and may increase the compensation if it causes the employee to lose a job offer.
- Representing yourself is possible but having a clear timeline and evidence of the employer's failures is crucial.
When redundancy is not the real reason
This case shows how important it is for employers to be honest about the reason for dismissal. The senior quantity surveyor was suspended in September 2022 pending an investigation into capability or conduct. A month later, the investigation was dropped, but he remained suspended. Then, without any consultation about alternatives, he was told he was at risk of redundancy and dismissed a few weeks later.
The tribunal saw through this. It found that redundancy was not the real reason — the real reason was related to his capability or conduct. By dressing it up as redundancy, the employer avoided following proper disciplinary procedures. That made the dismissal unfair.
What the employer did wrong
The employer made several mistakes. First, it kept the employee suspended for over a month without reviewing whether suspension was still necessary. This breached the ACAS Code of Practice on disciplinary procedures. Second, it failed to provide a reference when a prospective employer asked for one. That cost the employee a job offer and added to his losses.
At the remedy hearing, the tribunal applied a 10% uplift to the compensatory award because of the ACAS Code breach. This added over £3,000 to the total compensation.
What this means for similar claims
For employees, this case is a reminder that tribunals will look at the substance, not the label. If you are dismissed for 'redundancy' but suspect it is really about something else, gather evidence of what was said and done before the redundancy was announced. For employers, the message is clear: use the correct process for the real reason, and do not suspend someone indefinitely without review. A sham redundancy can be costly — here the total award was over £38,000.
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