Jacqui McLean v Vallourec Oil & Gas UK Ltd

Facts

The claimant, Ms Jacqui McLean, was employed by Vallourec Oil & Gas UK Ltd from 28 October 2019 as a Financial Assistant, carrying out invoicing and debt collection. Following a flexible working request in September 2021 she worked permanently from home because fibromyalgia restricted her mobility and made commuting and office working difficult; the arrangement caused the employer no operational difficulty. In early 2024 the parent group required cost reductions, and the respondent proposed closing its manufacturing operations, consolidating in Aberdeen, closing its Bellshill and Bridge of Don facilities and making about 23 employees redundant. The claimant's role and the Financial Controller role were to be removed, their duties redistributed principally to the Finance Accountant role. After consultation meetings on 27 September and 15 October 2024, dismissal was confirmed by letter of 16 October 2024, and an appeal was rejected on 7 November 2024. Ms Stuart, the Finance Accountant, then resigned; the respondent recruited externally, considering the claimant incapable of that role, and extended her notice until 11 April 2025. The Employment Tribunal in Glasgow upheld unfair dismissal for want of consultation but dismissed the claims under section 13 of the Equality Act 2010 and section 15 of the Equality Act 2010, and found she would have been dismissed in any event. She appealed.