McGourty v Dragonglass Belfast Limited [2023]

Background:

The claimant regularly worked for the respondent, in their hotel, as a kitchen porter.  The claimant signed an agreement stating he wished to remain as a casual worker but he regularly worked 36 hours per week and in practice received payment for his breaks. The claimant was placed onto furlough as a result of the pandemic.

When reopening, there was notification of potential redundancies to ensure economic viability.  In relation to the claimant’s department it was being reduced from 21 full-time equivalents to 11. At individual meetings the claimant indicated a desire to be made redundant, yet the respondent sought to preserve the roles.  Subsequently, the