Unfair dismissal after redundancy: employer's procedural failings lead to award
A former employee of RSPCA Clywd & Colwyn has won an unfair dismissal claim, with the tribunal awarding £2,324.67 in compensation.
1 min read · Last updated 18 May 2026
Case details
- #unfair-dismissal
- #loss-of-earnings
- #pension-contributions
- #loss-of-statutory-rights
Key facts
- The claimant was employed by the respondent.
- The claimant was dismissed.
- The respondent paid a statutory redundancy payment of £2,137.50 on 15 December 2022.
- The tribunal found the dismissal unfair.
- The claimant was awarded £2,324.67 in compensation.
Timeline
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Statutory redundancy payment
The respondent paid the claimant a statutory redundancy payment of £2,137.50.
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Hearing
The employment tribunal hearing was held remotely.
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Judgment issued
The tribunal issued its judgment finding unfair dismissal and awarding compensation.
The legal issue
The tribunal had to decide whether the claimant's dismissal was unfair under the Employment Rights Act 1996.
The outcome
The tribunal found the dismissal unfair and awarded the claimant £2,324.67 in compensation.
- Loss of earnings: £1,814.82
- Pension contributions: £59.85
- Loss of statutory rights: £450.00
A statutory redundancy payment of £2,137.50 had already been paid, but tax and NI deductions of £477.64 were made in error; the claimant will seek repayment from HMRC.
Lessons & takeaways
- Employers should ensure redundancy processes are fair and follow proper procedures to avoid unfair dismissal claims.
- Statutory redundancy payments must be calculated correctly and paid without improper deductions.
- Employees dismissed in a redundancy situation may still have a claim for unfair dismissal if the process was flawed.
This case shows how even a straightforward redundancy can become an unfair dismissal if the employer fails to follow proper procedures. The former employee of RSPCA Clywd & Colwyn was dismissed and received a statutory redundancy payment, but the tribunal found the dismissal unfair.
What went wrong
The judgment does not detail the specific procedural failings, but the outcome indicates that the employer's process fell short of the legal standard. Employers must ensure they follow a fair procedure, including proper consultation, objective selection criteria, and consideration of alternative roles.
The compensation
The tribunal awarded £2,324.67, covering loss of earnings, pension contributions, and loss of statutory rights. Notably, the employer had already paid a statutory redundancy payment of £2,137.50, but made an error by deducting tax and NI. The claimant will need to recover those sums from HMRC.
Why this matters
This case is a reminder that redundancy does not automatically make a dismissal fair. Employees who believe their redundancy was handled unfairly can bring a claim, and tribunals will scrutinise the process. For employers, the key takeaway is to follow proper procedures and ensure all payments are correct.
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