Case Review: Unfair Dismissal Rejected After Redundancy Payout
Roy Sylvester, who was based in Dudley, told the Birmingham Employment Tribunal that he had been forced to resign after being bullied and harassed. He was bringing a claim against Royal Mail for constructive unfair dismissal.
Mr Sylvester had been responsible for large teams of Royal Mail employees in the Dudley and Wolverhampton areas, and explained that he had been put under enormous pressure in his job as a delivery and collection manager.
He alleged that he had been bullied and harassed by his manager and that he felt he was “not wanted in the team”.
My Sylvester explained to the Tribunal that he had no option but to resign which resulted in his claim for constructive unfair dismissal.
The Royal Mail objected against Mr Sylvester’s claim and applied to the Tribunal for it to be struck out. Royal Mail explained that Mr Sylvester had not resigned, and that in fact he had accepted a voluntary redundancy package ad had been paid £76,000. Royal Mail also denied any allegations of bullying and harassment.
Royal Mail, who were represented by Steve Peacock said, “Mr Sylvester left under mutual consent after taking voluntary redundancy although he had never been at risk of being made redundant. He cannot take voluntary redundancy and then claim constructive unfair dismissal”. Royal Mail’s position was that as Mr Sylvester had accepted a voluntary redundancy package, he had no prospects of winning a claim for unfair dismissal.
The Employment Tribunal agreed with Royal Mail’s assertion and struck out the claim.