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Removal of parking facility for HGV drivers did not amount to workplace closure redundancy

02 February 2015 #Employment

The EAT has upheld a finding that two delivery drivers were unfairly dismissed when their employment was terminated on the basis of redundancy, following a change to their terms and conditions. For several years the drivers had been entitled to park their HGVs overnight at a secure facility near their homes in Stockport, and were paid for their time travelling to the employer's Wednesbury depot each day. When the employer withdrew this arrangement to save costs, it claimed that a redundancy situation had arisen, on the basis that it had ceased carrying on business in Stockport.

The EAT found that there was no redundancy situation, since there was no reduction in the employer's requirements for delivery drivers, and the drivers' place of work had always been the Wednesbury depot, both contractually and in fact. The Stockport parking facility was not and never had been their place of work and so there had been no workplace closure (EXOL Lubricants Ltd v Birch and another UKEAT/0219/14.)

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