The relationship between the parties was fraught. Indeed, the tribunal noted that there was no rapport between the employee and employer. The tribunal accepted that the employer was minded to allow the pre-Montessori class to become redundant; the class for which the claimant was responsible.

The respondent subsequently informed the claimant that there had been an unprecedented downturn in business, calling for a need for voluntary redundancies; the claimant was of the impression that this was to allow the "natural severing" of the employer/employee relationship.

The tribunal held that the respondent had "manufactured" circumstances to allow them to lay off the claimant. For this reason the tribunal found that the layoff was not genuine and did not qualify under