Test for redundancy

Case 3: The facts

Mr Wilkinson worked as a general manager in a hotel. His employers decided to restructure the company, and Wilkinson was made redundant. He claimed unfair dismissal.

The ruling

The EAT held that whether a business reorganisation results in a redundancy depends on the particular facts of the case, which must be considered in accordance with the statutory definition of redundancy in the Employment Rights Act 1996.

Even though the restructuring of the hotel group meant that there had been changes to duties and job titles, there was not evidence that the statutory test of redundancy had been met.

The hotel group had failed to establish a fair reason for dismissal, and consequently Wilkinson's dismissal was unfair.

Corus & Regal Hotels v Wilkinson UKEAT/0102/03