Mr J McCann v The Phoenix Car Company Limited — 2018

Mr McCann worked as a Sales Executive at the respondent's Glasgow branch from 1 October 2003 until 31 March 2018. In March 2018 the respondent decided to close the Glasgow branch and began a redundancy consultation process. The tribunal found that he was aged 63, was paid £415 per week, and had a contractual entitlement to 12 weeks' notice.

The tribunal held that the claimant's contract was terminated by the respondent when the Glasgow branch closed, so he had been dismissed within s.95(1)(a) ERA 1996. It also found that the dismissal was by reason of redundancy under s.139(1)(a) ERA 1996. The unfair dismissal claim failed because the respondent had consulted with him, tried to identify alternative employment, and made reasonable offers of work, including at Paisley. Applying s.98(4) ERA 1996, the tribunal concluded that the respondent acted reasonably in treating redundancy as a sufficient reason for dismissal.

The tribunal rejected the claimant's entitlement to a redundancy payment under s.141 ERA 1996. It found that suitable alternative employment had been offered before the end of his employment and that he unreasonably refused it. On the breach of contract claim, the tribunal found that the respondent had not given contractual notice of termination and awarded notice pay of £4,980, being 12 weeks at £415 per week.