Stourport firm wins tribunal case (From Kidderminster Shuttle)

Stourport firm wins tribunal case

3:20pm Monday 15th March 2010

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A CONVEYOR assembler who resigned in protest for being laid off work instead of offered redundancy has lost a compensation claim against her former Stourport employers.

Kelly Quarterman, of Dudley Wood Road, Dudley admitted at a Birmingham Employment Tribunal she wanted to be made redundant by Conveyor Units Ltd.

She alleged the lay-off was unlawful and breached the conditions of her contract.

Miss Quarterman claimed compensation for constructive unfair dismissal.

She complained she was laid off work for more than a month and that she resigned in protest when realising she was not selected for redundancy.

Colin Baran, representing the firm, said the management faced a redundancy situation because of the economic downturn and needed to make savings.

He said one employee was made redundant but Miss Quarterman was laid off for just over four weeks. “It was the better of two evils,” he said.

Miss Quarterman replied: “There was no clause in my contract which said I could be laid off - it was unlawful. I wanted to be made redundant but the management would not consider it.’ Tribunal Judge, Bryn LLoyd, said the firm wished to retain Miss Quarterman despite the trading downturn.

He said the firm had the right to lay off Miss Quarterman and rejected her claim for constructive unfair dismissal.

Mr Baran said the firm was to consider, at a later date, whether to apply to the tribunal for costs against Miss Quarterman.

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