Medicine repacker wins unfair dismissal claim after being made redundant with no consultation

In Mrs R Khamar v PIE Pharma Limited the respondent is a small family run business that engages in the parallel importation of  medicines from Europe. This includes repackaging of medicines. The claimant started working for the respondent on 5 June 2000.

In Mrs R Khamar v PIE Pharma Limited the respondent is a small family run business that engages in the parallel importation of  medicines from Europe. This includes repackaging of medicines. The claimant started working for the respondent on 5 June 2000.

In October 2021, the respondent decided to make redundancies which affected 15 repacking employees. The respondent’s business was adversely impacted by Brexit and declining supply changes. Several changes were implemented in the business to reduce costs prior to the redundancy exercise.

All repacking staff were assessed on the following criteria: attendance and uninformed absences; performance including understanding, aptitude and efficiency; and experience/ability on the job. This scoring exercise was completed by management in December 2021. Nine employees, including the claimant, were identified.

None of the employees at risk of redundancy were consulted about the selection criteria used. Mrs Khamar was sent a letter confirming that she would be made redundant. This letter was a fait accompli because it clearly served notice of termination of employment. It was not a letter that simply warned the claimant that she was at risk of redundancy, triggering a consultation process which could yield a different outcome thereby saving the claimant’s job.

Khamar told the tribunal she was “deeply shocked and distressed” by her dismissal and that the decision was made “before she met with management”, which the tribunal said it had “no reason to doubt”.

Khamar was awarded £2,616.71, but as she received jobseekers’ allowance the award was ‘subject to recoupment’ and she was only paid £500 for unfair dismissal.

Read more

Latest News

Read More

‘It’s really amazing, what these women have been able to do!’

14 November 2024

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

Leeds Arts UniversitySalary: £35,000 to £38,227 per annum This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court

University Of The Arts LondonSalary: £43,512 per annum This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court

My client, a growing logistics group, is seeking to hire an experienced and strategic HR Director to lead their Human Resources function. As the HR

Position: Human Resources Director Location: Central London Sector: Restaurants and Leisure Salary: £90k-140k excellent package Our client, a leading operator in the restaurants and leisure

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE