Redundancy

Question 0

Does a change in the hours mean redundancy?

Answer 0

Number of hours - yes!
Packman v Fauchon

But not if change to a shift system (Macfisheries / Johnstone)

Question 1

Define redundancy

Answer 1

S139 ERA

Diminishing requirement to do work of a particular kind

Question 2

Does a mobility clause mean redundancy?

Answer 2

High Table v Horst (yes)

United Bank v Akhtar (need notice)

Home Office v Evans (worked at Heathrow before - so not redundancy)

Question 3

Does a change in the nature of the work mean redundancy?

Answer 3

Employers generally allowed to change terms if they like, not appropriate to claim redundancy if changing difficulty / methods etc (Cresswell v IR, North Riding Garages v Butterwick)

But if huge change and deskilling someone (Land Securities Trillum Ltd v Thornley)

Question 4

Considerations for a fair redundancy

Answer 4

Fair and reasonable selection according to current industrial standards (Williams v Compare Maxam)

Appropriate pool (Fairbrother v Hendy Banks)

Appropriate marking system - cannot just be unhappy with it, but a specific issue must be pointed to (BA v Green)

See before on mob clauses etc