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Driver was redundant: tribunal

22nd July 1977, Page 20
22nd July 1977
Page 20
Page 20, 22nd July 1977 — Driver was redundant: tribunal
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A BIRMINGHAM Industrial Tribunal has ruled that a lorry driver, dismissed for redundancy reasons by Peter Warner Transport Ltd, was redundant although, a few days later, the company re-engaged him because the situation had altered.

Driver H. V. Simmons claimed redundancy payment while Warner's maintained that, because of his re-engagement, he had never been made redundant.

The evidence was that, late last year, because an important customer was behind time in paying for services rendered, Warner's business had begun to decline and there was talk of redundancies at the end of the year.

The position was discussed with the three drivers employed by the company and Mr Simmons volunteered to leave. Consequently, on January 21, his employment was terminated on the grounds of redundancy.

Within the next few days, the customer concerned paid up a substantial part of what was owed, enabling the company to consider expanding its business, again. So Mr Sim mons was invited to return his job.

Ruling that Mr Simmc was entitled to a redundar payment equivalent to weeks' gross wages, the 1 bunal said they found that contract of employment I. been terminated on Janw 21.

After that, there was doubt that Mr Simmons v free to take up other empl( ment. Therefore, his init contract of employme. which had commenced October 1973, was at an end was a situation that could r be cured by a fresh contract employment.

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People: Simmc, Sim, H. V. Simmons

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