Safeway Stores plc v Burrell

The statutory definition of redundancy turns on whether the employer's requirement for employees to do work of a particular kind has diminished, not on whether the work itself has diminished.

Citation
[1997] ICR 523
Court
Employment Appeal Tribunal
Year
1997
Subject
Employment Law
Topic
Redundancy and transfer of undertakings

Facts

Mr Burrell was a petrol station manager for Safeway. The company reorganised its management structure, abolishing his post and replacing it with a new post of petrol filling station controller, at a lower salary. Mr Burrell did not apply for the new post, and was dismissed. He claimed unfair dismissal, arguing that he was not redundant, because the work he did was still needed.

Legal principle

The Employment Appeal Tribunal held that the tribunal had applied the wrong test. Judge Peter Clark said that the tribunal should ask three questions: was the employee dismissed, if so, had the requirements of the employer's business for employees to carry out work of a particular kind ceased or diminished, or were they expected to do so, and, if so, was the dismissal caused wholly or mainly by that state of affairs. The question is whether the employer's requirement for employees has diminished, not whether the amount of work has diminished. The case was sent back for rehearing. The approach was approved by the House of Lords in Murray v Foyle Meats.

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