IT architect James Laver, 54, joined the trust in 2002 and was laid off last year as part of a departmental “restructuring exercise”. Leading up to his dismissal, he voiced concerns about the way the IT department was managed, and even complained about “wasted expenditure” and “inadequate back-up procedures”.
This seems to have counted against him during the subsequent reorganisation. The employment tribunal ruled that the trust failed to properly consult him about the redundancy and unfairly neglected to consider offering him a trial for a new role that was created within the department.
While the trust did interview him for the position, the tribunal agreed that it would have been impossible for him to score sufficient points to win a job offer.
The tribunal also said that Mr Laver would have been a good candidate for the job, even though it paid less than he was used to and he would have required some re-training.
Consequently, it tribunal ruled that while the redundancy situation was rational, his dismissal was unfair because of bad faith.
In reaching its decision, the tribunal said it was persuaded that Mr Laver was a reliable witness and had been willing to accept that he was at fault on occasions.
It did, however, reject his claim for compensation for unfair dismissal as a whistleblower.
** Additional Information & Advice **
Alternatively, you may want to consult a solicitor who specialises in employment law.
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