Loy v. Abbey National Financial And Investment Services Plc [2006] ScotCS CSOH_47 (21 March 2006)

Loy v. Abbey National Financial And Investment Services Plc [2006] ScotCS CSOH_47 (21 March 2006)

The pursuer was not entitled to redundancy because the requirements of the business for employees to carry out work of a particular kind (servicing national accounts) did not cease or diminish after the merger; only the manner of working changed. The statutory definition of redundancy was not met, and the pursuer's position was not equivalent to that of regional sales managers who were made redundant.

Citation
[2006] ScotCS CSOH_47
Parties
Pursuer: Kenneth Loy; Defender: Abbey National Financial and Investment Services Plc
Jurisdiction
Scotland
Judgment Date
21 March 2006
Procedural Posture
Civil / Judgment After Trial
Outcome
Pursuer's claim refused; decree of absolvitor for defenders.
Legal Topics
Redundancy, Constructive Dismissal, Employment Rights, Equal Treatment
Employment Law Redundancy Constructive Dismissal Employment Rights Equal Treatment

Case Brief

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Parties

Kenneth Loy

Pursuer

Abbey National Financial and Investment Services Plc

Defender

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the pursuer was entitled to a redundancy payment following changes to his employment after a merger
  2. 2 Whether changes to job duties constituted redundancy under section 139(1) of the Employment Rights Act 1996
  3. 3 Whether the pursuer was entitled to equal treatment with regional sales managers who received redundancy payments

Ratio Decidendi

The pursuer was not entitled to redundancy because the requirements of the business for employees to carry out work of a particular kind (servicing national accounts) did not cease or diminish after the merger; only the manner of working changed. The statutory definition of redundancy was not met, and the pursuer's position was not equivalent to that of regional sales managers who were made redundant.

Court Disposition

Pursuer's claim refused; decree of absolvitor for defenders.