Joanne Neill worked part-time for Dermalogica UK and was told on one of her days off, via a video call titled ‘catch up’, that she was being made redundant, an employment tribunal heard.
Employment Judge Liz Ord stated: “The short notice period she was given of the meeting and the misleading title of the invite – ‘catch up’ – meant she was unprepared and blind-sided.” The tribunal's decision was published on 30 April.
The judge also suggested that Neill's employer may have exacerbated Neill's mental health challenges, as they did not offer HR support during or after the redundancy meeting via video call.
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HR leaders should redundancies particularly sensitively if the employee suffers with mental illness, said Ross Spiller, a solicitor at law firm Mayo Wynne Baxter.
He told HR magazine: “She should have been given prior warning of the purpose of the meeting, and it should have been held in the office, where she would have been able to seek support from her colleagues. [Holding the meeting in the office] could have reduced the impact on her mental wellbeing.
“The compensation that was awarded reflects the impact her employer’s actions had on her mental health. This case should remind HR leaders that the way in which news of a redundancy meeting is communicated, is just as important as what is said in the meeting itself.”
Neill’s manager claimed that making a part-time employee redundant would help the company reduce headcount, the tribunal heard.
Judge Ord concluded that Neill’s managers should have held the meeting in person at the office, given Neill prior notice and context of the meeting and given her opportunity to be accompanied at the meeting.
Neill's dismissal based on her working hours was also a breach of the part-time workers' regulation, the judge ruled.
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Managers should ensure that they are taking into account adjustments for employees if they are being made redundant, especially if they work part-time, said Briony Richards, senior associate at law firm Charles Russell Speechlys.
Speaking to HR magazine, she said: “In a redundancy situation, this means ensuring that redundancy-related meetings are held during an employee’s usual working days and, so far as is reasonably possible, part-time workers receive correspondence about redundancies at the same time as their full-time colleagues. This may involve some careful forward thinking, when kicking off a redundancy.”
Richards added: “Where employers are aware that an affected employee has a disability, they should speak with them about any adjustments which may be required. If in doubt, seek medical evidence, including advice from occupational health specialists.
“It’s also good practice to include a line in any letter inviting an employee to a consultation meeting to say that the employee should let the employer know if they require any adjustments to be made for the meeting. Check this with the employee at the outset of the meeting.”
