The Claimant had worked for the Respondent for more than 10 years, but her post disappeared in a reorganisation. She brought ET claims for contractual redundancy and statutory redundancy payments totalling nearly £44,000, which the Respondent resisted on the ground that she had unreasonably refused suitable alternative employment. The ET found that the employment offered by the Respondent was unsuitable and that the Claimant acted reasonably in refusing it; however, the ET's jurisdiction under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 was subject to a cap of £25,000 on contractual claims, and the ET declined to make a statutory redundancy payment on the basis that the NHS contractual redundancy payment scheme specifically stated that it "is an enhancement to an employee's statutory redundancy entitlement; the statutory payment being offset against any contractual payment". The Claimant appealed.

The EAT held that, as to statute, the Claimant met the conditions for the payment of a statutory redundancy payment, but no payment was made; and, as to contract, the NHS scheme did not restrict the right to a statutory redundancy payment, but it provided only that the statutory payment was to be set off against any contractual payment. Accordingly, the Claimant was entitled to be paid a statutory redundancy payment in addition to the contractual redundancy payment.