Voluntary redundancy request accepted: tribunal finds no dismissal
A casting associate who asked for voluntary redundancy to care for his father lost his unfair dismissal claim. The tribunal held the employment ended by mutual agreement, not dismissal.
1 min read · Last updated 18 May 2026
Case details
- #voluntary-redundancy
- #mutual-agreement
- #no-dismissal
- #personal-reasons
- #some-other-substantial-reason
Key facts
- The claimant was employed as a casting associate from 10 February 2014 to 20 March 2022.
- The claimant was attached to EastEnders and was not at risk of redundancy when Holby City was cancelled.
- The claimant approached his manager on 23 September 2021 to request voluntary redundancy.
- The claimant's primary motivation for seeking voluntary redundancy was his father's ill health and caring responsibilities.
- The respondent accepted the claimant's offer and agreed to a termination package.
- The tribunal found that there was no dismissal; the employment ended by mutual agreement.
Timeline
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Employment started
The claimant began employment as a casting associate with BBC Studios Productions Ltd.
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Holby City cancellation announced
It was announced that Holby City, a continuing drama series, would not continue, putting three casting department employees at risk of redundancy.
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Meeting with casting department
A meeting was held to inform the casting department of the risk of redundancies for the three Holby City employees. Voluntary redundancies were mentioned as a possibility.
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Claimant requested voluntary redundancy
The claimant emailed Todd Goodyear to discuss voluntary redundancy options.
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First meeting with manager
The claimant met with Todd Goodyear to discuss voluntary redundancy, citing personal reasons including his father's ill health.
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Second meeting with manager
The claimant had a further meeting with Todd Goodyear to discuss the voluntary redundancy proposal.
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Claimant's email confirming reasons
The claimant sent an email stating his difficult personal circumstances and desire to leave amicably to focus on caring responsibilities.
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Employment ended
The claimant's employment ended by mutual agreement, with a voluntary redundancy package.
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Claim presented
The claimant presented a claim for unfair dismissal to the employment tribunal.
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Hearing day 1
The tribunal hearing commenced at Watford Employment Tribunal.
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Hearing day 2 and judgment
The hearing concluded and the tribunal gave oral judgment dismissing the claim.
The legal issue
The tribunal had to decide whether the claimant was dismissed by the respondent or whether the employment ended by mutual agreement, and if there was a dismissal, whether it was fair.
The outcome
The tribunal dismissed the claim for unfair dismissal.
The key reason was that the claimant himself initiated the request for voluntary redundancy, and the respondent simply accepted it. The tribunal found that there was no dismissal; the employment ended by mutual agreement.
No compensation was awarded as the claim failed.
Lessons & takeaways
- If you ask for voluntary redundancy and your employer agrees, you may not be able to claim unfair dismissal because the termination is by mutual agreement, not dismissal.
- Keep a clear record of who initiated the redundancy conversation – it can determine whether there was a dismissal or a consensual exit.
- Personal reasons for seeking redundancy, such as caring responsibilities, do not turn a voluntary agreement into a dismissal.
When a voluntary exit is not a dismissal
This case shows the importance of who initiates the end of employment. The casting associate, with eight years’ service, approached his manager in September 2021 to ask about voluntary redundancy. His motivation was personal: his father was ill and he needed to take on caring responsibilities. The BBC accepted his offer and agreed a termination package.
At the tribunal, the claimant argued that he had been dismissed unfairly. But the evidence showed that he had actively sought the redundancy, and the employer had simply agreed to his proposal. The tribunal concluded that the employment ended by mutual agreement, not by dismissal. Without a dismissal, there can be no claim for unfair dismissal.
What the employer did right
The BBC did not pressure the claimant or make the decision for him. It held meetings, discussed the proposal, and accepted his written confirmation of his reasons. The tribunal noted that the claimant had ample opportunity to reconsider, but he confirmed his decision in an email. The employer’s response was reasonable and straightforward.
Why this matters
For employees, this case is a reminder that initiating a voluntary redundancy can close the door to an unfair dismissal claim. If you want to leave for personal reasons, it may be better to negotiate a settlement agreement rather than frame it as a redundancy. For employers, accepting a genuine voluntary redundancy request is low-risk, provided the employee has made the first move and the process is transparent.
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