Complainant: David Henderson, former Chief Scout
Respondent: Bohemian Football Club
WRC Decision Date: July 2025
Compensation Awarded: €26,000 (2 years’ salary – the maximum allowed for unfair dismissal)
Grounds: Unfair Dismissal under the Unfair Dismissals Acts 1977–2015
Case Background
David Henderson, a former Bohemian FC goalkeeper, had served as the Chief Scout at the club until November 2024, when he was dismissed on the grounds of alleged redundancy.
The dismissal came directly from the Director of Football, Pat Fenlon, allegedly under instruction from the club’s board. However, when challenged, no board minutes or formal decision documents could be produced by Club President Matt Devaney to support the redundancy claim.
Key WRC Findings
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- The WRC ruled the redundancy was a “sham”, noting:
- There was no evidence of genuine redundancy.
- There were no board minutes or documentation justifying the decision.
- The role had not been eliminated or restructured in a genuine way.
- The WRC ruled the redundancy was a “sham”, noting:
- It was established that:
-
- Mr. Henderson was singled out without due process.
- His role was not obsolete or redundant.
- The decision was made without transparent or lawful procedures.
WRC Ruling
- The adjudicator found that the dismissal did not follow proper redundancy procedures and lacked transparency.
- Henderson was wrongly dismissed and awarded the maximum compensation allowed under legislation two years’ gross salary (€26,000).
Key Learnings for Employers (from Bloom Consultancy)
Document All Redundancy Decisions:
- Board minutes, operational justifications, and objective criteria must be documented and available for review.
Follow Genuine Redundancy Process:
- Demonstrate that the role itself is no longer required (not the person).
- Apply fair selection if more than one similar role exists.
Redundancy ≠ Performance Management:
- Do not use redundancy as a cloak for other HR issues like dissatisfaction or personality clashes.
Avoid Informal Instructions for Termination:
- All dismissals (even within clubs or voluntary boards) must comply with statutory employment law and ensure procedural fairness.
High Risk for SMEs, Clubs & Voluntary Organisations:
- Misusing redundancy or failing to follow process can result in maximum awards, even where pay may seem modest.
Bloom’s HR Tip:
“Redundancy is about the role, not the person. If you cannot prove the job has ceased, you risk a full payout under unfair dismissal law.”
This article is based on public decisions of the Workplace Relations Commission and reported case summaries from Irish media sources. It is intended as a commentary on HR compliance issues relevant to employers and HR professionals in Ireland.