Challenging an unfair redundancy threat

Many workers struggle with the symptoms of a medical condition long before they receive a diagnosis, and when that diagnosis finally comes, an employer’s reaction can vary widely.

When estate agent Jack was diagnosed with cancer, he told his employer immediately, and the company was extremely supportive.

Following treatment Jack, who had worked for the company for seven years, returned to work on a phased basis. In his first week back his manager invited him out for a coffee and a catch-up. Jack felt welcomed back.

However, as Jack later told our Employee Support Centre when he contacted us for help, this was the moment things took a nasty turn.

Jack’s manager informed him the company was going to announce a redundancy process and, given his current health, he was going to be made redundant - but there was some good news.

He would receive a statutory redundancy payment and as a “very generous” goodwill gesture, the company would give him a £2,000 tax free payment on top.

Jack was assured it was a good offer, as the alternative was a disciplinary hearing and dismissal because, while he was off, some serious concerns and complaints had supposedly been raised about his work.

Shocked Jack, feeling completely blindsided and ambushed, and having only ever received positive feedback, asked what these concerns and complaints were.

His manager said they couldn’t be discussed at that time and urged him to take the offer. Jack was told he didn’t need to return to work and should go home to think about it.

Jack knew what was happening was not right. Once he recovered from the shock he knew exactly what to do, and acted the same day.

He was aware of an ex colleague who was supported by us previously with a successful claim against his employer for unlawful deduction from wages, after her pay was withheld unfairly.

Jack called us and was put in touch with one of our trade union representatives, who told him straight away that what had happened to him was wrong and grossly unfair.

He supported Jack in raising a grievance for unfair treatment and disability discrimination. Cancer is automatically recognised as a disability under the Equality Act 2010.

The employer arranged a formal grievance hearing. Before the meeting, our representative, as they always do, asked Jack what outcome he wanted from the process.

Jack was understandably disgusted by how he had been treated. He said he had lost all trust and confidence in his employer, he no longer wished to work for the business and would prefer a settlement agreement, a legally binding agreement that brings the working relationship to an end.

Jack was worried about how he would present his grievance at the hearing, but our trade union representative reassured him that he didn’t need to stress. He explained that he could present the case on Jack’s behalf, which he is legally entitled to do.

At the hearing, our representative was firm in saying that the meeting between Jack and his manager was deeply inappropriate. He made clear that the manager had linked Jack’s cancer directly to a decision about his job, and that this amounted to disability discrimination.

He also pointed out that redundancies had not been announced at the time. Jack could only have known about them because of that conversation, which strongly supports that it happened exactly as Jack described.

Our representative explained that any dismissal in these circumstances would be wholly unfair. He added that Jack was recovering from a life‑threatening illness, simply trying to return to work and do a good job, was singled out because of his health, and this completely destroyed his trust and confidence in the employer.

It was said by our trade union representative that a settlement agreement was the most sensible outcome. It would allow Jack to leave a workplace he no longer felt safe in, and it would allow the company to resolve a situation where its actions had already caused serious harm.

Discussions and negotiations took place over the following week. An agreement was eventually reached, which included Jack receiving a five‑figure, tax‑free lump‑sum payment.