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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Senior associate, Philip Thompson, successfully obtains six-figure compensation award for a Derby resident involved in a catastrophic personal injury accident.
28 April 2021
Case Study
The claimant was attending a motorcycle race event as a spectator when a rider lost control of his vehicle, skidded from the track, and crashed through a barrier, colliding with the claimant who was at the time in a wheelchair.
The impact was significant and caused the claimant to sustain a complex mild to moderate traumatic brain injury along with fractures to his neck, damage to the right eye and eye socket causing total loss of vision in that eye, and ultimately many associated neurological and psychological conditions.
Case Study
After successfully arguing liability, senior associate, Phil Thompson and his team worked on securing significant rehabilitation for the claimant across a three-year period, which resulted in noticeable differences with long-term goals of returning to his pre-accident abilities to walk.
The claimant had a complex medical history and this meant that Philip had to seek advice from a wide range of experts and specialists, including those in niche neurological specialisms to complete the medical evidence.
Using his knowledge of both claimant and defendant personal injury, Philip was able to achieve a significant award for the claimant. The claimant’s wife provided the following testimonial:
“After my husband’s accident in September 2017, we turned to Flint Bishop to help with our claim and Philip Thompson was pivotal in helping us through this difficult time. Every stage of the legal process was well communicated by Philip, who was professional and approachable throughout.
“As he guided us through the complex insurance process to ensure we were not exposed financially he was very patient, explaining the process more than once until we fully understood. Happily answering our questions no matter how trivial and taking the time to come to our house for meetings, fully appreciating how difficult it was for us to get to the office. We were kept updated with emails and calls throughout the claim. Medical assessments were many, but arranged locally and over as short a timescale as possible.
“We feel that Philip’s previous work experience was a distinct advantage as he was able to explain what the other side’s procedures or possible thoughts were, which helped to quell our anxiety. Together, Philip and Counsel were invaluable in giving advice for what could have been protracted legal discussion to reach conclusion.
“Unfortunately, COVID-19 caused some disruption towards the end of the claim, but Philip was focused on bringing things to a successful conclusion and was able to do this. We can now move forward with financial confidence and certainty that care and support can be provided for in the future.”
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