COVID-19 VACCINATIONS: If, in addition to indemnity for your main employment, you would like cover for delivering COVID-19 Vaccinations please apply for our standalone extension Apply Today

Website maintenance The PDA website will be unavailable during a 1 hour window due to scheduled maintenance between 00:00am and 06:00am on the Tuesday 27th of February 2024

Home  »   Employment Tribunal CasesLloydsPharmacy   »   Lloyds Pharmacy Ltd: Unfair dismissal

Lloyds Pharmacy Ltd: Unfair dismissal

The Claimant brought a complaint of unfair dismissal against the Respondent. The Respondent defended the claim, asserting that the Claimant was dismissed fairly by reason of redundancy.

Fri 23rd November 2018 The PDA

The issues were agreed at the start of the hearing as follows:

2.1 Has the Respondent proved that there was a potentially fair reason for dismissal under section 98(1) ERA? The Respondent relies on redundancy or some other substantial reason.

2.2 Did the Respondent act reasonably in treating that reason as a sufficient reason for dismissal?

2.3 If the dismissal was unfair: what is the percentage chance that but for procedural or other default, the Claimant would have been dismissed in any event.

Although the Claimant had suggested that the process was targeted at her, and that her dismissal was related to her past allegations of bullying, there was no evidence that anyone involved in the process had an ulterior motive.

The judge accepted that the Respondent had established that redundancy was the genuine reason and that the Respondent adopted a method of selection that was fair in general terms and was applied reasonably.

The judge did, however, make an award under s.38 of the Employment Act 2002, on the basis that the Respondent breached s.1 of the ERA by failing to provide the Claimant with a written statement of initial employment particulars.

It was the judgment of the Tribunal that the Claimant’s claim of unfair dismissal succeeded, but that no compensatory award should be made. The Claimant was awarded £629.52 pursuant to s.38 of the Employment Act 2002.

Download the case here

thumbnail of Ms_P_Waldie_v_Lloyds_Pharmacy_Ltd_-_3201534_2018_-_Judgment

The Pharmacists' Defence Association is a company limited by guarantee. Registered in England; Company No 4746656.

The Pharmacists' Defence Association is an appointed representative in respect of insurance mediation activities only of
The Pharmacy Insurance Agency Limited which is registered in England and Wales under company number 2591975
and is authorised and regulated by the Financial Conduct Authority (Register No 307063)

The PDA Union is recognised by the Certification Officer as an independent trade union.

Cookie Use

This website uses cookies to help us provide the best user experience. If you continue browsing you are giving your consent to our use of cookies.

General Guidance Resources Surveys PDA Campaigns Regulations Locums Indemnity Arrangements Pre-Regs & Students FAQs Coronavirus (COVID-19)