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BRS succeeds...
Page 66
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A DRIVER employed by North Western BRS Ltd failed in his claim for redundancy before an Industrial Tribunal in Manchester. Before 1970 he had been employed by Rostrons who dealt in paper, but in that year they transferred the work to BRS under contract, and the driver transferred himself to BRS.
Then Rostrons sold their business to Maybanks, who had their own transport and terminated their contract with BRS. BRS offered the driver alternative work at Thameside depot, the driver's home depot so far as the employers were concerned. Says the tribunal: "It is true that the driver garaged his vehicle at Failsworth near Manchester, but that was a convenience to him because of his domestic circumstances as he had a sick wife and he was allowed certain concessions. He was very fortunate that he was in that position."
But he was not prepared to accept alternative work at Thameside because that meant substantially longer travelling time and bigger bus fares. He obtained work at Maybanks so that he could continue the same work which he had done for many years.
This is the tribunal's logic: "Clearly he was not dismissed on the grounds of redundancy; he chose to resign because it was convenient to him that he should continue in employment with Maybanks. There was no gap in his employment and he went on straight away driving for them. It was not a redundancy situation because he chose to resign from BRS in. order to do the same job which he had done all the way through!"