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Employment law

Illustration 10 – Redundancy

Vaux and Associated Breweries v Ward (1969)

Facts:

A quiet public house was modernised by installing a discotheque. The 57 year
old barmaid was dismissed in order to make way for a younger more glamorous
barmaid.

Held:

Mrs Ward had not been dismissed for redundancy as there was no change in
the nature of the particular work being done.

The place where a person is employed means in this context the place where he is
habitually employed and any place where, under his contract, he can be required to
work. There will not, therefore, be a redundancy situation where the transfer of
location is reasonable or where the contract gives the employer an express or
implied right to move the employee in question from one place to another.

Who is entitled to a payment?

In order to claim a redundancy payment, a person must:

 Have been continuously employed for two years.

 Apply to the Employment Tribunal within six months of dismissal.

 Prove he was dismissed, laid off or kept on short time for at least four
consecutive weeks. (Laid off means that the employee earned nothing in that
particular week; short time means he earned less than half of a normal week’s
pay).

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