The claimant was employed as a duty manager with the respondent hotel group. She returned from maternity leave on 27 May 2009. Applications for voluntary redundancy were advertised on notice boards within the hotel. During a conversation with the operations manager on that day, the claimant informed him she would be happy to accept voluntary redundancy if it was offered to her. The claimant was called to a meeting at 3 pm later that day and informed of her redundancy. The claimant stated that she was not offered voluntary redundancy or offered any alternative to redundancy.
The EAT found that there was a clear conflict of evidence between the parties as to whether the claimant elected to take voluntary redundancy or was made redundant by the respondent. The Tribunal preferred the evidence of the claimant and awarded her €35,000 under the Unfair Dismissals Acts 1977 to 2007.