Unfair dismissal of Senior Manager - unfair redundancy procedure
Barry Jameson acted for a senior manager of a well known telecommunications group. Following reorganisation and the amalgamation of two divisions (one of which he was head of), he was not appointed as the new head of the combined division. The company pushed him into an alternative role alleging that it was sufficiently similar to the old one and that he was effectively "mapped" into the new position thereby avoiding a substantial redundancy package. The manager was very unhappy and after going through the grievance procedure, resigned and claimed constructive unfair dismissal in the Employment Tribunal.
The ex-employer made no attempt to settle the claims (which included a substantial potential claim for breach of contract in the High Court) and the matter proceeded to a five day hearing in the Employment Tribunal.
The manager won on all counts and the company was unsuccessful in an appeal to the Employment Appeal Tribunal. The matter ultimately settled with a payment to the manager of over £100,000.
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