Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In the case of Mrs C Degnan v BP Services International Limited 3302969/2015 the Employment Tribunal (the “ET”) held that the employer had not withheld payment of enhanced redundancy pay (to be paid via a settlement agreement) because the employee had threatened to bring an Employment Tribunal claim.

The facts in Mrs C Degnan v BP Services International Limited

Mrs Degnan commenced employment with BPO Services International Limited (“BP”) in May 2007 under a ‘global employment contract’; her first assignment was to Azerbaijan in 2007.

In October 2009 Mrs Degnan became pregnant; she took 12 months’ maternity leave and then became pregnant again in 2010. She took a further 12 months’ maternity leave and was absent from work until April 2012.

On 10 April 2012 Mrs Degnan was assigned to the BP Exploration Operating Company Ltd, based in Sunbury, UK. The assignment was for a period of three years and was due to expire on 9 April 2015.

Mrs Degnan took a third period of maternity leave in May 2013, returning to work on 22 September 2014. Prior to returning to work Mrs Degnan asked to work part-time hours.

In early 2015 BP carried out a review of its workforce and came to the conclusion that 10-20% of roles should be removed. A redundancy process commenced in January 2015 and on 19 January 2015 Mrs Degnan was informed that her role was at risk of redundancy. Leigh-Ann Russell chaired the redundancy process, scoring Mrs Degnan 9 out of a total of 15 points.

On 23 March 2015 Mrs Degnan was informed that she had not been placed in a new role and was still at risk of redundancy. In June 2015 Mrs Degnan was offered a new role in the Backbone Work Management Process and Technical Specialist Organisational Learning role team. Mrs Degnan rejected this role as she did not believe it was suitable for her. She was subsequently informed that “[BP] do not pay redundancy in relation to people who refuse job.” Following BP’s policies, Mrs Degnan was subsequently dismissed without a redundancy payment on 20 July 2015.

Mrs Degnan subsequently made Employment Tribunal claims for unfair dismissal, automatic unfair dismissal, and pregnancy-related detriment.

The decision of the Employment Tribunal

The Employment Tribunal rejected Mrs Degnan’s claims for the following reasons:

  • The dismissal was not unfair, either substantively or procedurally – her dismissal was for the reason of redundancy, a fair procedure was carried out, and efforts were made to find Mrs Degnan suitable alternative employment after her position was made redundant
  • Mrs Degnan’s dismissal was not related to the taking of her periods of maternity leave – the scoring was not discriminatory and Mrs Degnan was given every opportunity to succeed in her role
  • The decision to withdraw a settlement agreement, and withhold redundancy pay, was not related to claims for pregnancy and maternity discrimination that Mrs Degnan had threatened, but was following a well-established policy on the part of BP – the Employment Tribunal therefore rejected the claim for victimisation

Our solicitors’ views on the case of
Mrs C Degnan v BP Services International Limited

Chris Hadrill, the partner in the employment department at Redmans, made the following comment on the case: “This case shows that it may be difficult for employees to succeed in arguing that their dismissal was discriminatory when the employing organisation is following established rules and policies.”

The decision of the Employment Tribunal inMrs C Degnan v BP Services International Limited 3302969/2015 can be found here

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Contact us

    Please feel free to discuss your own position and concerns. Contact your nearest office on:

    T: 020 3397 3603
    E: enquiries@redmans.co.uk
    W: www.redmans.co.uk

    Testimonials

    4.77 Average

    205 Reviews

    Gary P

    All good advice, prompt and efficient

    Posted 1 month ago

    Anonymous

    Excellent advice and customer service.

    Posted 2 months ago

    Aneet G

    I would definitely recommend Redmans. Very impressed with service provided. They were extremely proactive in handling my case which made things easier for me. Provided sound advice and resolution. Special credit for this goes to Chris who dealt with my case with great determination and consideration.

    Posted 2 months ago

    Fern M

    Very efficient and friendly

    Posted 2 months ago

    Neville S

    A professional and friendly service, which I would highly recommend.

    Posted 2 months ago

    Daniel T

    Extremely helpful and made a bad situation much more manageable. Where other solicitors seemed disinterested in my situation Redmans immediately made me feel like it was a team effort to achieve a more favourable outcome

    Posted 2 months ago

    Paul T

    Excellent, quick and informative. Chris was a real star and gave me confidence during the uncertainty if a redundancy settlement.

    Posted 2 months ago

    Marina E

    Felt in very capable hands was listened to and given excellent advice. Would not hesitate to recomend and use again if needed.

    Posted 2 months ago

    Rosa B

    Fabulous service all round.

    Posted 2 months ago

    Anonymous

    Redmans were quick to respond to my enquiry and dealt with my case professionally and personably. I received sound advice and was put at ease by Chris Hadrill, Partner.

    Posted 2 months ago

    Alkhas K

    Excellent service.

    Posted 2 months ago

    Mathias G

    Contacted them regarding my end of employment agreement. Chris Hadrill dealt with it and was done and handed back to employer same day more than happy with there service.

    Posted 3 months ago

    Mark W

    Most professional from start to finish offering very a personal service. Most impressive and quick when dealing with the matters in hand.

    Posted 4 months ago

    Anonymous

    Posted 4 months ago

    submit

    I am very glad I came across Redmans Solicitors. Fantastic service!

    Posted 4 months ago

    Anonymous

    Fantastic communication, always happy to answer queries, highly recommended.

    Posted 4 months ago

    Wavenie B

    They were very straight to the point, friendly and understanding people. I felt they had my best interest. They were easy to get hold of, replies were almost instant. 5/5 for customer service

    Posted 4 months ago

    Christina P

    Caroline was fantastic to work with - extremely knowledgeable, supportive, thorough and honest. I definitely recommend Redmans!

    Posted 4 months ago

    Anonymous

    Very well done and fast support. Professional and reliable. Highly recommended!

    Posted 4 months ago

    Helene L

    They were very knowledgable in the respected area in terms of change in law/regulations that is crucial for the clients who are seeking for legal arvice.

    Posted 4 months ago

    Sara R

    Very helpful and wonderful advice

    Posted 4 months ago