Tesco tries "dismissal by redundancy"

[grundie]

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.

I remember a case in Letterkenny (I think, it was definitely in Donegal) a few years back. A fitted kitchen company was moving and used that as an opportunity to make all their staff redundant and then re-hire them. IIRC The labour court people said that for redundancy to apply the company had to have shut the old factory down BEFORE making the decision to open on a new site nearby. Moving premises locally, no matter how you try to package it legally, is still just moving premises.

[the shadow]

Let's see what Mandate are made of. They can talk the talk all right but will they sanction a strike. As one of your contributors said the workers theere are well known in the area and will get public support if there is one.

JLC's are under attack in a number of areas at the moment by the way and may not be the safeguard they once were.

It would seem that Tesco are trying to pull a fast one here.
If it works you will see it being used again. With their 3 billion profit they can hire a team of legal eagles from the South Mall.

[gaffer falls]

Every little helps...biy

[monroe99999]

yes. Lets see what Mandate is made of. Tesco expected them to cave in but the strike has gone ahead. The new store is scheduled to open on Friday and the workers are on strike at the moment. If the Union caves in and negotiates a settlement Tesco will roll this out nationwide. This is very much a test case by Tesco.

Workers do have some public support and Tesco chose a bad location as there are alternative supermarkets in the area. I have a feeling though that Tesco will win.