The Employment Tribunal ruled in this case that a senior specialist pharmacist was unfairly denied a redundancy payment, with the Tribunal awarding them a four-figure sum.
Created by pharmacists, for pharmacists, the PDA now has more than 40,000 members and alongside providing a collective voice for the profession and championing pharmacists’ interests, PDA membership provides pharmacists with a unique combination of support that includes legal defence, indemnity insurance and trade union representation.
Each year, the PDA therefore adds around 4-5,000 new cases to its substantial existing experience of providing specialist support to pharmacists who encounter employment or professional issues. Last year, the PDA supported members to bring claims in the employment tribunal, which resulted in settlements totalling almost £250,000 being secured for members.
Background to the case
In this particular case, the PDA member is a highly experienced pharmacist who was made redundant after an NHS restructure. Despite applying for a suitable role within the new structure, they were unsuccessful and offered two alternative roles:
- A temporary post within the same banding, which would then result in being demoted to a lower band; or
- A permanent role within a lower band, which would have removed their clinical responsibilities, involved more travel, and would see their career progression stagnate.
They declined both roles, and as a result the employer refused to pay a redundancy payment, claiming the roles were suitable and that the member was being unreasonable in refusing both roles.
Employment Tribunal outcome
The Tribunal rejected the employer’s arguments and found in the member’s favour on the following grounds:
- Timing of Offers: Offers made before official notice of dismissal do not qualify under the law as valid alternative employment.
- Unsuitability of the Roles: The lower band role was a clear demotion, and the Tribunal dismissed the employer’s claim that it would still allow the member to use their skills in a different way;
- Reasonable Refusal: The member’s concerns about loss of clinical responsibilities, stalled career progression, pay, and other impacts were found to be reasonable.
Why this case matters
This victory sends a clear message, that pharmacists are highly skilled professionals whose roles cannot be casually downgraded by employers through restructuring exercises. It also demonstrates how vital it is to have expert representation from an organisation that understands both the legal and professional complexities unique to pharmacists.
The case sets a precedent of practical value to the PDA and to NHS-employed pharmacists more broadly. It underscores that specialist pharmacists are not interchangeable within banding structures, and that redeployment must be approached with genuine respect for their circumstances.
It also acts as a broader warning to NHS employers that restructuring efforts, however financially necessary, must be executed fairly, lawfully, and with due regard to the realities of clinical practice, personal circumstance, and employment law.
The PDA will continue to support members by challenging unfair redundancy decisions and ensuring the voices of pharmacists are heard at every level of NHS change management.
As NHS employers continue to restructure and reshape the workforce, the need for expert support is more crucial than ever. Whether a PDA member is facing redundancy, disciplinary issues, or scope-of-practice disputes, the PDA is there to protect their career and future.
As the PDA is a membership organisation, pharmacists should already be in membership before seeking support with an individual situation.
Not yet a PDA member?
If you have not yet joined the PDA, we encourage you to join today and ask your colleagues to do the same.
Membership is FREE to pharmacy students, trainee pharmacists and for the first three months after passing the registration exam.