East London NHS Foundation Trust v O�connor (REDUNDANCY � Trial Period)

EMPLOYMENT APPEAL TRIBUNAL At the Tribunal On 13 September 2019 Judgment delivered on 29 October 2019 Before

In March 2017 the Claimant in the Employment Tribunal was informed that, as a result of a reorganisation, his current role of PSI Worker was to be deleted with effect on 3 July 2017, and he was at risk of redundancy. He began a trial of a different role of Care Coordinator on 3 July 2017. The parties disagreed as to whether it was suitable alternative employment. The Claimant pursued a grievance, which was unsuccessful. The Respondent again offered the Claimant the Care Coordinator position, which he declined. It then dismissed him, in December 2017.

The Employment Tribunal decided, as a preliminary issue, that the Claimant had not actually been dismissed prior to starting the trial in the new role on 3 July 2017, and therefore that was not the start of a statutory trial period. He had only first been dismissed in December 2017.