Welch v Taxi Owners Association (Grangemouth) Ltd EATS/0001/12
Reports relating to this case:
Unfair dismissal: Resignation in response to reduction in working hours was not constructive unfair dismissal
- 4 January 2013
In Welch v Taxi Owners Association (Grangemouth) Ltd EATS/0001/12, the EAT upheld a tribunal finding that an employee who resigned when her employer imposed shorter working hours was not unfairly dismissed. Her constructive dismissal was fair because the reduction was due to genuine business reasons. In these circumstances, there was no room for the employee to argue that the dismissal was unfair because she should have been made redundant.
- 25 July 2012
In holding that an employer did not fundamentally breach an employee's contract by failing to make her redundant, the Employment Appeal Tribunal has suggested that a redundancy situation will not arise where there is only a diminution in an employer's need for particular work to be carried out, rather than a reduction in the number of employees required to do that work.