Tesco tries "dismissal by redundancy"

[feargach]

You really think people haven't tried that before? They have, and the EAT nailed them to the wall.

[COMMIE]

Tesco are closing down a store in Douglas Shopping Centre. The staff at that store will be given statutory redundancy. Claims for unfair dismissal will fail because the store is closed and the jobs no longer exist.

Coincidentally Tesco will be opening a brand new store in Douglas Shopping Centre. The jobs at this store will not be the same jobs that were at the other store because it is at a different location ( 50 yards from the old store)

That is called constructive dismissal. Or indeed could breach the Protection of Employment act 1977, Protaction of employment order 1996 SI 370/1996 and maybe Eurpean Communities (Protection of Eployment) Regulation 2000

[monroe99999]

I think that they will get away with it.

remember when Irish Ferries wanted to fire their employees and reflag so that they could hire eastern european contract workers at below the irish minimun wage. everybody outraged and said that it would never happen. guess what. Unions caved in and agreed to allow reflagging and replacement of union staff with below minimum wage contract workers.

remember when Aviva/Hibernian announced that they would be firing their irish admin staff and replacing them with staff provided by an outsourced sweatshop in Mumbai, India. everybody said that they would no longer use Hibernian.
guess what. no dropoff in Aviva business and we'll all be watching our football at the Aviva stadium. "Let the sun shine in"

[COMMIE]

You do not need a union to take employment law case. It is a very easy process.The only reason thay will get away with it. Is that employees don't now there rights.

[Conor]

That is called constructive dismissal.

No, constructive dismissal is something completely different.

If Tesco's argument is that the first Douglas store is being completely wound up (i.e. that the business of the first store is not being transferred to the second), and all staff are being made redundant accordingly, this would be covered by the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007. The burden of proof would be on them to prove to an independent Redundancy Panel that these are genuine redundancies, and not just an unsubtle attempt to circumvent their obligations to their staff. Not a hope of that.

On the other hand, if the undertaking is simply being transferred from Douglas I to Douglas II, this would be covered by the Transfer of Undertakings legislation. Either way, there's little to no chance of any court upholding Tesco's actions, imho.

[COMMIE]

True, A employer must consider all alternative employment. And thay cannot shut one shop and open another. Without offer this employment to thier present staff. A employer has to act reasonably.

[monroe99999]

If Tesco's argument is that the first Douglas store is being completely wound up (i.e. that the business of the first store is not being transferred to the second), and all staff are being made redundant accordingly.

That is Tescos contention and their lawyers are confident that it will be accepted.

[COMMIE]

That is Tescos contention and their lawyers are confident that it will be accepted.

In the open thread and Link we are told thay are closing one store to open another on the same site. And employees have been told this.

Could make problems for any soliciter. Also if this is in writing thier in the Sh*te.

[Conor]

True, A employer must consider all alternative employment. And thay cannot shut one shop and open another. Without offer this employment to thier present staff. A employer has to act reasonably.

That would depend who their employer is - the vibrant Tesco (Ireland) or the doomed Tesco (Douglas Branch mk I).

That is Tescos contention and their lawyers are confident that it will be accepted.

If that's the case, then they should be making all the staff redundant (and, of course, paying out), whether they're being taken on by the second store or not.

[COMMIE]

[QUOTE=Conor;1574342]That would depend who their employer is - the vibrant Tesco (Ireland) or the doomed Tesco (Douglas Branch mk I).


I was not making a statment that is part of employment law.

A good site for the Tesco worker to look at is www.entemp.ie