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Redundancy

Claimant's request for guaranteed six months employment in alternative role rejected

Redundancy – Claimant’s request for guaranteed six months employment in alternative role rejected


In the case of Anna Kuranova v G4s Security Services UD526/2010 sent last week by the Employment Appeals Tribunal email service, the Claimant’s claim for unfair dismissal was rejected by the Tribunal.

The Respondent was a security company that supplied support services to clients such as security, reception, cleaning and mailroom duties. The Claimant worked as a mailroom attendant and it was reported that she was a very good employee. In 2009 the Respondent had to make 100 posts redundant as part of her mailroom attendant duties were being taken back in-house. The Respondent looked at other positions for the Claimant e.g. a post in Waterford with 42 hours per week. The Claimant asked if the post could be guaranteed for six months and was told no.

Determination

The role of the mailroom attendant was made redundant. The Claimant procured a PSA licence but work for security personnel was by its nature uncertain. The Respondent acted reasonably in seeking to re-deploy the Claimant but she introduced an unreasonable condition into her terms for redeployment i.e. that she be guaranteed six months employment.

The Tribunal held that the Claimant was not unfairly dismissed and her claim failed.


1 Response

  1. Brendan Murphy

    This decision says a lot about the balance in the relationship between employer and employee. Clearly, while the burden of fair procedure falls upon the employer, the employee cannot insist on conditions to the point of terminating the employment contract and need to be flexible.

    Employees should understand that this is the case and not be insistent on conditions. The Unions and other employee advisors should be mindful of this as well.