Glazer Plastics Ltd v Challenger [1996] UKEAT 1074_95_0710 (7 October 1996)

Glazer Plastics Ltd v Challenger [1996] UKEAT 1074_95_0710 (7 October 1996)

There was no redundancy situation as the work performed by the new machine was not sufficiently different in kind from the employee's previous work, and the employer failed to consult the employee or establish redundancy as the reason for dismissal; therefore, the dismissal was unfair.

Citation
[1996] UKEAT 1074_95_0710
Parties
Appellant: Messrs Glazer Plastics Ltd; Respondent: Mr Challenger
Jurisdiction
United Kingdom
Judgment Date
07 October 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Redundancy, Unfair Dismissal, Introduction of New Technology, Alternative Employment
Employment Law Redundancy Unfair Dismissal Introduction of New Technology Alternative Employment

Case Brief

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Parties

Messrs Glazer Plastics Ltd

Appellant

Mr Challenger

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 whether dismissal was by reason of redundancy under Section 81 of the Employment Protection (Consolidation) Act 1978
  2. 2 whether the work performed after introduction of new technology constituted 'work of a different kind'
  3. 3 whether the dismissal was unfair

Ratio Decidendi

There was no redundancy situation as the work performed by the new machine was not sufficiently different in kind from the employee's previous work, and the employer failed to consult the employee or establish redundancy as the reason for dismissal; therefore, the dismissal was unfair.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed; Industrial Tribunal's decision upheld