Voluntary redundancy: stage crew member with dyslexia wins unfair dismissal claim
A long-serving stage crew member with dyslexia has won his unfair dismissal claim against Welsh National Opera after the tribunal found the employer failed to discuss reasonable adjustments during a redundancy process. All other claims, including age discrimination and protected disclosure complaints, were dismissed.
1 min read · Last updated 18 May 2026
Case details
Key facts
- All 12 claimants were stage crew members employed by Welsh National Opera.
- The respondent restructured the stage department, reducing permanent roles from 12 to 8.
- All claimants were placed at risk of redundancy and offered enhanced voluntary redundancy.
- All claimants applied for and were accepted for voluntary redundancy.
- Mr J Hayel had dyslexia which affected his reading and writing abilities.
- The tribunal found Mr J Hayel's unfair dismissal claim succeeded due to a failure to discuss reasonable adjustments.
Timeline
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Mr J Hayel started employment
Mr J Hayel began working for Welsh National Opera as Master Carpenter.
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Meeting with CEO
Mr Micallef met CEO Leonora Thomson to raise concerns about waste and health and safety.
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Email to Technical Director
Mr Micallef emailed Mr Michaelis about concerns regarding HR.
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Meeting with Mr Lang
Mr Micallef and Mr J Hayel met CEO Mr Lang to raise concerns about waste and CTS conflict of interest.
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At risk of redundancy meeting
All claimants were informed they were at risk of redundancy due to restructuring.
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Mr J Hayel applied for VR
Mr J Hayel applied for voluntary redundancy after discussing his literacy difficulties with Mr Michaelis.
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VR deadline
All claimants had applied for voluntary redundancy by this date.
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Employment terminated
All claimants' employment ended by reason of voluntary redundancy.
The legal issue
The tribunal had to decide whether 12 stage crew members were unfairly dismissed by reason of redundancy, whether age discrimination occurred, whether two claimants were dismissed or subjected to detriment for making protected disclosures, and whether one claimant's dyslexia constituted a disability and whether the employer failed to make reasonable adjustments.
The outcome
The tribunal dismissed all claims except for one: Mr J Hayel's unfair dismissal claim succeeded.
- All 12 claimants were stage crew members who applied for and were accepted for enhanced voluntary redundancy after the respondent restructured the stage department, reducing permanent roles from 12 to 8.
- The tribunal found that the redundancy was a genuine restructuring and the process was fair for most claimants. However, for Mr J Hayel, who had dyslexia affecting his reading and writing, the employer failed to discuss reasonable adjustments before accepting his voluntary redundancy application. This made his dismissal unfair.
- No compensation has been awarded yet; a remedy hearing will be listed.
Lessons & takeaways
- Employers must consider reasonable adjustments for disabled employees at every stage of a redundancy process, including when offering voluntary redundancy.
- Voluntary redundancy does not automatically make a dismissal fair if the employer has not followed a fair procedure, especially for disabled employees.
- A genuine redundancy situation can still lead to an unfair dismissal finding if the employer fails to make reasonable adjustments.
- Employees with disabilities should raise their needs early to give employers the opportunity to make adjustments.
A redundancy process that went wrong for one employee
Welsh National Opera restructured its stage department in 2021, reducing permanent roles from 12 to 8. All 12 affected staff were placed at risk of redundancy and offered enhanced voluntary redundancy. All applied and were accepted. For most, the process was fair. But for one long-serving stage crew member with dyslexia, the tribunal found the employer had failed in its duty to make reasonable adjustments.
The claimant had worked for the opera for over 40 years. He had dyslexia, which affected his reading and writing. When he was told he was at risk of redundancy, he discussed his literacy difficulties with a manager. The manager noted that the claimant would need help with paperwork. Yet when the claimant applied for voluntary redundancy, no discussion took place about whether adjustments could allow him to remain in employment.
What the employer could have done differently
The tribunal accepted that the restructuring was genuine and that voluntary redundancy was offered in good faith. However, the employer should have considered whether reasonable adjustments—such as providing support with reading and writing—could have enabled the claimant to continue working. By failing to do so, the dismissal was procedurally unfair.
Why this matters
This case is a reminder that voluntary redundancy does not bypass an employer's duty to make reasonable adjustments. Even where a redundancy situation is genuine, employers must consider whether adjustments could avoid dismissal. For employees with disabilities, it is important to raise any needs early. For employers, the lesson is clear: always consider adjustments before accepting a voluntary redundancy application from a disabled employee.
The tribunal dismissed all other claims, including age discrimination and protected disclosure complaints, meaning the redundancy process was otherwise fair. The claimant's successful unfair dismissal claim will now proceed to a remedy hearing.
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