Chapter 11 Redundancy

Question 1

Give a case example of redundancy - changes in business requirement - definitive test

Answer 1

Murray and Another v Foyle Meats Ltd (1999)

Facts
Meat plant operatives working in slaughter hall were selected for redundancy. They argued that in their contract they could do work in another area and visa versa and it was unfair that only they were selected.

Decision
Held “attributable” to downturn of employer’s needs. Definitive test:-
* employee dismissed?
*had requirements of employers business diminished
*was dismissed caused wholly or mainly by this downturn “attributable”?

Question 2

Give a case example of redundancy - closure of workplace - factual

Answer 2

High Table v Horst (1997)

Facts
Mrs Horst claimed unfair dismissal after she was no longer needed. She claimed that as she had a mobility clause in her contract, the company could have relocated her.

Decision
Court of Appeal confirmed that her place of work was factual and that workplace had a downturn. Held she was redundant. Contract is not sole determinant.

Question 3

Give a case example of redundancy - dismissal for redundancy reasons

Answer 3

Hindle v Percival Boats (1969)

Facts
Mr H was dismissed after work was dwindling but also his inefficiency. Mr H claimed redundancy. They were not replaced.

Decision
Court of Appeal held was not redundancy but reasons of inefficiency. Courts must look at reasons for dismissal.

Question 4

Give a case example of redundancy - protective award for consultation

Answer 4

Transport & General Workers’ Union v Brauer Coley Ltd UK (2006)

Facts
Union claimed compensation for all redundant employees. Only formally recognised for shop-floor engineers.

Decision
ET granted an award but only for those employees for whom the union was formally recognised.