This case concerned an employee who, without any notice, was informed by the Editor and Director to leave the premises and the reason given was that “his position as general manager was not sustainable”. Furthermore, the employee was informed that he could not appeal the case. 

The Respondent’s case was based on the contention that the claimant was dismissed on financial grounds. The tribunal heard evidence suggesting that if it had not been for the claimant’s dismissal the company would no longer be in existence. The tribunal also heard how various other cuts were made to the company including 10% pay cuts and pension payments being temporarily cancelled.

The tribunal held that both parties recognised that the company was