Safeway Stores Plc v Burrell [1997] UKEAT 168_96_2401 (24 January 1997)

Safeway Stores Plc v Burrell [1997] UKEAT 168_96_2401 (24 January 1997)

The Industrial Tribunal erred in law by failing to apply the correct statutory test for redundancy and by not considering the alternative ground of some other substantial reason for dismissal. The proper approach is to assess whether there was a diminution in the employer's requirement for employees to carry out work of a particular kind, and then whether that caused the dismissal. The case must be remitted for rehearing as insufficient findings of fact were made.

Citation
[1997] UKEAT 168_96_2401
Parties
Appellant: Safeway; Respondent: Mr Burrell
Jurisdiction
United Kingdom
Judgment Date
24 January 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal allowed; case remitted for rehearing
Legal Topics
Redundancy, Unfair Dismissal, Business Reorganisation, Statutory Interpretation
Employment Law Redundancy Unfair Dismissal Business Reorganisation Statutory Interpretation

Case Brief

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Parties

Safeway

Appellant

Mr Burrell

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 What is the correct legal test for redundancy under section 81(2)(b) of the Employment Protection (Consolidation) Act 1978?
  2. 2 Did the Industrial Tribunal err in law by failing to consider alternative grounds for dismissal (some other substantial reason)?
  3. 3 Was the dismissal of the respondent by reason of redundancy or some other substantial reason?

Ratio Decidendi

The Industrial Tribunal erred in law by failing to apply the correct statutory test for redundancy and by not considering the alternative ground of some other substantial reason for dismissal. The proper approach is to assess whether there was a diminution in the employer's requirement for employees to carry out work of a particular kind, and then whether that caused the dismissal. The case must be remitted for rehearing as insufficient findings of fact were made.

Court Disposition

Appeal allowed; case remitted for rehearing

Orders

  • Remit the case to a fresh Industrial Tribunal for rehearing on all issues, including whether the reason for dismissal was redundancy, whether there was some other substantial reason, and whether the employer acted reasonably.