EMPLOYMENT APPEALS TRIBUNAL
CLAIM(S) OF: CASE NO.
– claimant UD279/2014
B&Q Ireland Limited
UNFAIR DISMISSALS ACTS 1977 TO 2007
REDUNDANCY PAYMENTS ACTS 1967 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr T. Taaffe
Members: Mr. L. Tobin
Mr A. Butler
heard this claim at Dublin on 8th April 2015
Ms Tina Mulhearne, Moortown House, Moortown, Clonmel, Co. Tipperary
Mr Marcus Dowling B.L instructed by Ms Nicola Harkin, William Fry, Solicitors,
Fitzwilton House, Wilton Place, Dublin 2
The determination of the Tribunal was as follows:-
Summary of Evidence
The claimant gave evidence of commencing a second period of employment with the respondent company in April 2006. He worked in the role of senior services manager. In June 2013 the company announced to employees a re-structuring process and the claimant was selected to attend the collective consultation process on behalf of the respondent’s Republic of Ireland employees. The claimant’s own position as senior service manager was being replaced by a deputy manager role for which he did not apply. He was scored by a unit manager of the company and scored very high overall. He was offered the new role of deputy manager which involved new shift patterns. The shift pattern did not suit his personal circumstances at that time and for that reason he requested a trial period in the role. In addition staff numbers reporting to him would increase. The role new position of deputy manager included stock control an area he had no experience. The respondent had not provided a training programme for the new role. Changes to salary bands were also of some concern to the claimant. He raised all of the issues at the time with his manager and the regional manager. Although his salary concerns were addressed the respondent refused to agree a trial period in the deputy manager role. The claimant does not accept that the role offered to him was a suitable alternative and his employment ended on the 20 August 2013 without any redundancy payment.
The respondent witness (AT) although not involved in the selection process was appointed unit manager at the site where the claimant worked in May 2013. He greatly respected and acknowledged the claimant as a high performer. He was instructed to implement shift pattern changes at the site in Liffey Valley. He managed the move of employees to the weekend shifts. The deputy manager shift pattern did not change significantly to the shift worked by the claimant. Currently the deputy manager works no more than 28 Saturdays per year.
The witness attempted to persuade the claimant to accept the new deputy manager role and arranged a meeting with the regional manager who had the authority to negotiate salary with the claimant. The witness did not see any great difference between the role of senior service manager and deputy manager and training for the role was in the planning.
At the commencement of the hearing the claim under the Unfair Dismissals Acts, 1977 to 2007 was withdrawn by the claimant.
The Tribunal has carefully considered the evidence adduced both verbally and written. The claimant pursued a claim under the Redundancy Payments Acts 1967 to 2007 only. The parties are agreed
that a re-organisation of the respondent’s business was conducted encompassing a consultative process with employees
that in the course of this process the claimant, whose position was that of senior services manager, competed for the newly created position of deputy manager and was successful in securing this position
In carrying out a process which may result in the creation of redundancies there is a duty on the respondent when making a position redundant to offer the holder of such a position a suitable alternative.
It is found and determined that the respondent has discharged this duty to the claimant. The claim under the Redundancy Payments Acts, 1977 to 2007 is therefore dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal