The claimant was made redundant. He had been a Client Services Supervisor in a firm that owns and sells outdoor media space. However, he argued two other employees should have been considered in the redundancy pool. The claimant was off sick due to an accident at work at the time he was made redundant. The effect of the termination was that he was not actually assessed for the company’s permanent health insurance scheme which would have resulted in him receiving 2/3 of his income at no cost to the company.

The employer argued that because of the drop in business the level of work was impacted in the claimant's role more than other supervisory roles. The employee's sick pay