Reasonableness of dismissal

Case 8: The facts

Janet Anwar worked for over six years as a night nurse in a care home for elderly people. She was dismissed after refusing to accept detrimental changes to her terms and conditions. Her employer said her dismissal was fair because she had been consulted over the changes; it added that, even if her dismissal was unfair, she should not receive any compensation as she had been offered alternative employment after her dismissal and had unreasonably refused it.

The ruling

The Employment Appeal Tribunal upheld a tribunal’s finding of unfair dismissal. Anwar’s employer had not properly explored her claim that she would be 10% worse off, so its consultation was inadequate.

Additionally, the tribunal had been entitled to find that Anwar was not unreasonable in refusing re-employment, as this would have involved a substantial pay cut which was a major point of her complaint.

Cambridge Housing Society v Anwar EAT/0564/06