Case Study
Can voluntary redundancy form the basis of an unfair dismissal claim?
A recent Employment Appeal Tribunal case demonstrates some of the issues that may arise in a voluntary redundancy situation.
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This case details the meticulous work that our Insurance Litigation team carried out for our insurer client, who faced a claim of over £190k following an alleged incident between two motor scooters and a car.
The incident occurred when our client’s policyholder, the defendant, was in a shop. During this time, two motor-scooter riders, the claimants, alleged that he reversed his taxi into them and knocked them over.
This led to the claimants bringing forward a £130k claim for credit hire, vehicle damage and damage to other items.
Case Study
Following a three-day trial, the judge concluded that neither of the claimants were to succeed in claiming damages.
Given that the damage to the motor scooters was not consistent with the circumstances described, our insurance litigation lawyers challenged the engineering report and established that it was pre-existing.
In addition, a detailed analysis of the claimants’ bank accounts and open source intel revealed that, amongst numerous other things, both claimants were carrying out tax avoidance.
Our investigations also discovered that one of the claimants owned another motor scooter, and the other claimant was not the legal owner of their motor scooter.
Both claims were dismissed in full, saving our insurer client over £190k for both damages and claimed costs.
The claimants were then ordered to pay our client’s costs. The court also said that the claimants’ hire company and/or the repairing garage should give reasons as to why they should not pay some or all of these costs.
The lead case handler from our Insurance Litigation team commented on the case:
“This is an excellent result for both our client and Flint Bishop. We achieved this saving by thoroughly pursuing facts and reviewing detailed analyses.”
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For more information about this case, or how our Insurance Litigation team defends insurers and self-insured organisations against fraudulent motor claims, please contact us on 01332 226 109 or complete the form below.
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