Nimalraj v NHS Thurrock Clinical Commissioning Group [2017] EWHC 1322 (QB)

Hearing to decide if the Claimant was dismissed for redundancy or for some other reason, the latter meaning that he was ineligible to stand for election to the governing body of the CCG. The court concluded that he was dismissed for redundancy.

The Claimant is a medical practitioner who was the Interim Accountable Officer of the Thurrock Clinical Commissioning Group ("the CCG"). He commenced employment in that role on 1 April 2013. At a meeting on 17 August 2016 he was dismissed with one month's notice. By letter dated 28 August 2016, that dismissal was confirmed. His last day of service was 17 September 2016. The issue that arises in this case is whether the dismissal was "because of redundancy". On that issue turns the question whether the Claimant is able to stand for election to the governing body of the CCG. By reason of the statutory provisions, if he was dismissed because of redundancy, then he is eligible but if he was dismissed for any other reason, then he is ineligible and will remain so until 17 September 2021.

The court took the ordinary, English language definition of redundancy and held that he had been dismissed because the CCG had two Interim Accountable Officers when the requirement for employees to do that work was one i.e. he was made redundant.

http://www.bailii.org/uk/cases/UKEAT/1997/168_96_2401.html

Published: 14/03/2018 12:41

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