This is a useful case for reviewing some of the issues you need to consider when engaging on a redundancy procedure in its various forms.

In this particular case, the Claimant and a colleague were made redundant and their roles were replaced by one amalgamated wider role.  Both men were interviewed for the new role but despite the fact that the Claimant met the new job description and the colleague did not, the colleague was given the job.

The Claimant's argument was based on the case of Williams v Compair Maxam [1982] IRLR 83.  Williams sets out principles of good industrial relations to be observed in redundancy cases where the employees are represented by an independent union recognised by the employer.  The EAT when outlining these principles was clear that they should not be taken as immutable or principals of law.  Nonetheless, the principals have long been used as a benchmark for managing redundancy situations.  They read as follow:  

The Claimant was a black African female born in Sierra Leone. She was employed by the Respondent employer from 16 February 2009 as a customer car park attendant working in a car park at St George's Residential Development.  The employer was a company which carried on business providing car parking facilities.

The marketing staff for St George's worked at the premises and were issued with tickets as they entered the car park.  To leave the tickets had to be validated and on occasion the validation machine was broken.  The Claimant had standing orders not to allow anyone to leave if their ticket was not validated.  On the 14th March 2009, the Claimant exercised this standing order and refused to allow a member of the marketing staff to leave.  The following day another member of the marketing staff came into the Claimant's office and was alleged to have said that "The fucking bloody machines are not working and who is paying your fucking bloody wages?", pointed to the sign on the wall and answered the question by saying, "St George's, you fucking stupid black African bitch". She went on insulting the Claimant, eventually letting herself out and slamming the door.

Over four decades the Coleherne Public House in Earls Court, London developed a national and international reputation as London's first 'gay pub'. Realpubs bought the premises.   Realpubs own and operate gastropubs and their business model is to buy failing pubs and reposition them as gastropubs, offering good food and drink to all sections of the community.

In September 2008 when Realpubs acquired the Coleherne it was then in decline. The premises underwent refurbishment and were re-launched as the Pembroke Arms, opening to the public on 5 December 2008.

The Claimant in this case was an openly gay man. His working life has been spent in the hospitality industry. Between 2003 and late 2008 he worked as General Manager of a gastropub in Ealing. In late November 2008 he was interviewed by Realpubs' Operational Manager for a post in the Pembroke Arms.  Following that interview the Claimant was offered and accepted a position as Assistant Manager at the Pembroke Arms. His employment commenced on 1 December 2008; it ended with his resignation on 11 January 2009.