hmctsFour Scottish security guards have won a total of £25,000 in their Employment Tribunal claim against their former employer, a security agency based in Barrow upon Hamber, after they were unfairly dismissed without redundancy pay in 2012.

The four men worked for Profile Security Services as security guards at Fife Energy Park in Methil until the company’s contract to provide security services came to an end in January 2012. Following this, Profile called the employees in and informed them that they would be made redundancy if they did not get the security jobs going at two other firms in Edinburgh and Dundee. The four men indicated that their preference was redundancy because they believed that the travelling distance to the new jobs in Edinburgh and Dundee was too  much – this would have meant that they would have had to travel an extra 60 miles per day. The men were later given an incorrect redundancy calculation by Profile. However, their employer subsequently informed the security guards that they would be made redundant only if the mobility clause in their contracts of employment didn’t apply and were offered new posts in Dundee. The men rejected these new jobs and their employer informed them that they would not be paid redundancy pay as a result.

The security guards subsequently brought a claim in the Employment Tribunal for unfair dismissal and failure to pay statutory redundancy pay and succeeded. The Employment Tribunal found that the company’s position as to whether the employees had been offered redundancy was confused and that there was a substantial question as to why redundancy had been outlined as an option but then not offered. Further, the Tribunal found that redundancy was the reason for the dismissal and that the jobs offered in Dundee were suitable for the employees but that it was reasonable for the employees to reject the offer of new employment because of the distance that they would have to travel.

About

The Direct 2 Lawyers Employment Team post daily on interesting employment law cases, Employment Tribunal judgments and Employment Appeal Tribunal judgments. All of the Employment Team posts are written by qualified specialist employment lawyers

Share →

Leave a Reply

Your email address will not be published. Required fields are marked *

Looking for something?

Use the form below to search the site:


Still not finding what you're looking for? Drop us a note so we can take care of it!

Visit our friends!

A few highly recommended friends...