The EAT has upheld an employment tribunal’s finding that it was unfair to make an employee redundant during the COVID-19 pandemic without considering furlough as an alternative.
Mrs Mhindurwa was a live-in carer. In May 2020, she was put at risk of redundancy due to a reduction in live-in care work. She asked to be furloughed, but this request was refused. She was dismissed by reason of redundancy on 13 July 2020 and brought a claim for unfair dismissal. The employment tribunal accepted that there was a genuine redundancy situation but found that the employer had failed to properly consider furlough as an alternative.
The Employer appealed. The EAT dismissed the appeal.
The tribunal had concluded that the employer had failed to properly consider furlough, even on a temporary basis, to see whether work became available again. There was nothing unrealistic in this conclusion because the need for live-in carers did not cease during the pandemic.
The decision was not that the employer was required to furlough Ms Mhindurwa, but that it should properly consider the possibility.
The EAT said the unfair dismissal regime was robust enough to deal with extraordinary circumstances.
Lovingangels_Care_Ltd_v_Mrs_B_Mhindurwa__2023__EAT_65.pdf (publishing.service.gov.uk)
James Williams
