Registered manager dismissed by text in sham redundancy: no consultation, role filled by director's relative
A registered manager was unfairly dismissed after being told by text to attend a Zoom meeting where she was given two weeks' notice for redundancy. The tribunal found no genuine redundancy and awarded £14,153.
1 min read · Last updated 19 May 2026
Case details
- #registered-manager
- #sham-redundancy
- #no-consultation
- #replacement-by-relative
- #acas-code-uplift
Key facts
- The claimant was employed as registered manager from 1 January 2020 to 1 March 2022.
- On 1 March 2022, the claimant was called to a meeting by text and told she was being given two weeks' notice because the company could not afford her salary.
- The respondent did not consider alternative employment or a proper selection pool before dismissing the claimant.
- The registered manager role continued to exist and was filled by a relative of the directors about six months later.
- The claimant gave counter-notice and left immediately, but was deemed dismissed by reason of redundancy under s.136(3) ERA.
- The tribunal found no genuine redundancy situation and the dismissal was unfair.
Timeline
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Employment started
Claimant began employment as registered manager for Laniwyn Care Services Ltd.
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Meeting and dismissal notice
Claimant received a text at 11:18am to attend a Zoom meeting at noon. In the meeting, she was told she was being given two weeks' notice due to financial difficulties. She gave counter-notice later that day to leave immediately.
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Claimant sent emails clarifying redundancy
Claimant emailed the directors confirming her understanding that she had been made redundant and requesting redundancy pay and holiday pay.
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Respondent sent email accepting resignation
Respondent sent an email headed 'Accepting your resignation', claiming the claimant had resigned and had forwarded company data to her personal email.
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Respondent sent redundancy letter
Respondent sent a letter confirming redundancy, enclosing minutes of the meeting, and offering a right of appeal.
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Employment ended
Claimant's employment ended after notice period.
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Claim form lodged
Claimant lodged ET1 claim form with the tribunal.
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Holiday and arrears paid
Respondent paid holiday pay (£3,086.55) and arrears of pay (£617.31) to the claimant.
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Final hearing
Final hearing held at Cambridge by Cloud Video Platform before Employment Judge Boyes.
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Liability judgment sent
Reserved judgment on liability sent to parties, finding unfair dismissal.
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Remedy hearing
Remedy hearing held at Bury St Edmunds by video.
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Remedy judgment
Judgment on remedy issued, awarding £14,153.13 compensation.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed, specifically whether there was a genuine redundancy situation and whether the respondent acted reasonably in treating redundancy as the reason for dismissal.
The outcome
The tribunal found the claimant was unfairly dismissed. The purported redundancy was a sham: the role continued to exist and was filled by a relative six months later. The respondent failed to consult, consider alternative employment, or use a fair selection process.
Compensation:
- Basic award: £0 (already paid redundancy pay)
- Compensatory award: £14,153.13
- Polkey reduction: 0%
- Contributory fault: 0%
- Total: £14,153.13
Lessons & takeaways
- Employers must genuinely consult employees before making them redundant, even in small companies.
- If a role continues to exist and is filled later, the redundancy reason will be scrutinised carefully.
- Texting an employee to attend a meeting where they are dismissed is likely to be seen as a lack of reasonable process.
- Claimants can bring a claim even if they give counter-notice and leave immediately — the dismissal still stands.
A dismissal by text message
This case shows what can happen when an employer tries to cut costs without following proper procedure. The claimant, a registered manager with two years' service, was called to a Zoom meeting by text message at 11:18am and told at noon that she was being given two weeks' notice because the company could not afford her salary. There was no prior warning, no consultation, and no consideration of alternative roles.
A sham redundancy
The tribunal found that the redundancy was not genuine. The registered manager role continued to exist after the claimant left, and about six months later it was filled by a relative of the directors. The respondent had not carried out any proper selection process or considered whether there was a genuine need to reduce the workforce. The tribunal also noted that the respondent's director tried to introduce evidence about a CQC inspection that post-dated the dismissal, which was refused.
What the employer could have done differently
The employer could have avoided this claim by having a genuine redundancy situation, consulting with the claimant, considering alternatives such as reduced hours or other roles, and using a fair selection pool. Instead, the dismissal was procedurally flawed from the start. The claimant gave counter-notice and left immediately, but the tribunal confirmed that this did not change the fact that she was dismissed by the employer.
Why this matters
This case is a reminder that even small employers must follow basic fairness when making staff redundant. The Acas Code of Practice on disciplinary and grievance procedures was not directly applied here, but the lack of any consultation was fatal. The claimant represented herself and still won, showing that tribunals will look closely at the facts. The compensation of £14,153 reflected the loss of earnings and benefits, with no reduction for contributory fault or Polkey.
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