Laing v Thistle Hotels Plc [2001] ScotCS 248 (2 November 2001)

Laing v Thistle Hotels Plc [2001] ScotCS 248 (2 November 2001)

The post of Essential Services Manager offered to the pursuer was materially deficient in status, content, and location compared to his previous post and did not constitute suitable alternative employment. The pursuer was therefore entitled to a redundancy payment. The pursuer was not entitled to additional sums for insufficient notice as the notice period was properly handled.

Citation
[2001] ScotCS 248
Parties
Pursuer: Gordon Laing; Defender: Thistle Hotels Plc
Jurisdiction
Scotland
Judgment Date
02 November 2001
Procedural Posture
Civil / Judgment After Proof
Outcome
Pursuer's first plea-in-law upheld; decree granted for redundancy payment with interest from date of citation; defenders assoilzied from second conclusion.
Legal Topics
Redundancy, Suitable Alternative Employment, Notice Period, Contractual Rights
Employment Law Redundancy Suitable Alternative Employment Notice Period Contractual Rights

Case Brief

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Parties

Gordon Laing

Pursuer

Thistle Hotels Plc

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the post of Essential Services Manager offered to the pursuer constituted suitable alternative employment under the contract and statute
  2. 2 Whether the pursuer acted unreasonably in refusing the offer of alternative employment
  3. 3 Whether the pursuer was entitled to a redundancy payment and/or additional sums for insufficient notice

Ratio Decidendi

The post of Essential Services Manager offered to the pursuer was materially deficient in status, content, and location compared to his previous post and did not constitute suitable alternative employment. The pursuer was therefore entitled to a redundancy payment. The pursuer was not entitled to additional sums for insufficient notice as the notice period was properly handled.

Court Disposition

Pursuer's first plea-in-law upheld; decree granted for redundancy payment with interest from date of citation; defenders assoilzied from second conclusion.

Orders

  • Decree for payment of contractual redundancy payment as agreed in joint minute, with interest at judicial rate from date of citation
  • Defenders assoilzied from second conclusion of the action