Background
Thrings was contacted by a senior employee who had been put at risk of redundancy by his then-employer, a global IT company. Our client was concerned the redundancy was not for legitimate reasons and was being used as an opportunity to remove him from the business – particularly in light of comments made by senior colleagues relating to his age.
Our involvement
Members of Thrings’ Employment Team provided our client with detailed strategic advice explaining how to protect his position during the redundancy consultation process.
When his dismissal was ultimately confirmed, we carefully outlined his options, including the merits of bringing a claim in the Employment Tribunal, as well as his prospects of success and a detailed consideration of the damages he could expect to recover.
Our client decided to proceed with a Tribunal, and we assisted at every step. We explored the possibility of settlement via ACAS during the initial Early Conciliation period. We also drafted and issued a claim setting out our client’s case for unfair dismissal and age discrimination. During Case Management Discussions we conducted advocacy, and represented our client at a Judicial Mediation, which eventually led to a positive settlement.
Following a failure on the part of our client’s former employer to comply fully with its statutory data protection obligations, we also assisted our client in dealing with the Information Commissioner’s Office.
The outcome
In line with a Tribunal Order, the parties met in judicial mediation. The case settled shortly after the mediation on terms favourable to our client.
For further commentary on this case, or to discuss any employment-related issue, please contact a member of Thrings' Employment and Immigration team.
