Richmond Precision Engineering Ltd v Pearce

Richmond Precision Engineering Ltd v Pearce
Court	Employment Appeal Tribunal
Citation(s)	[1985] IRLR 179
Keywords
Redundancy

Richmond Precision Engineering Ltd v Pearce [1985] IRLR 179 is a UK labour law case, concerning redundancy.

Facts

Mr Pearce was offered a new contract with the company that had bought his employer’s business. Pay was lower, hours were more, holidays were reduced and the occupational pension and fringe benefits were gone. He rejected the offer and claimed unfair dismissal.

The Tribunal upheld Mr Pearce’s unfair dismissal claim, and Richmond Precision Engineering appealed.

Judgment

Beldam J in the EAT overturned the Tribunal. The test was whether a reasonable employer could have offered the same terms in the circumstances, including ones disadvantageous or advantageous to both parties. The employee being worse off was not a sufficient reason.

“

Merely because there are disadvantages to the employee, it does not, by any means, follow that the employer has acted unreasonably in treating his failure to accept the terms which they have offered as a reason for dismissal.

”

Redundancy cases

ERA 1996 ss 98 and 135-181 and TULRCA 1992 s 195

Lesney Products & Co v Nolan [1976] EWCA Civ 8

North Riding Garages v Butterwick [1967] 2 QB 56

Murphy v Epsom College [1984] EWCA Civ 12

Safeway Stores plc v Burrell [1997] ICR 523

Murray v Foyle Meats Ltd [1999] UKHL 30

High Table Ltd v Horst [1997] EWCA Civ 2000

Hollister v National Farmers’ Union [1979] ICR 542

Richmond Precision Engineering Ltd v Pearce [1985] IRLR 179

Catamaran Cruisers Ltd v Williams [1994] IRLR 384

Williams v Compair Maxam Ltd [1982] ICR 156 (EAT)

British Aerospace plc v Green [1995] EWCA Civ 26

Rolls Royce plc v Unite the Union [2009] EWCA Civ 387

ERA 1996 s 141

Thomas Wragg & Sons Ltd v Wood [1976] ICR 313

Thomas & Betts Manufacturing Ltd v Harding [1980] IRLR 255

Optical Express Ltd v Williams [2007] IRLR 936 (EAT)

UK labour law

Notes

References

External links

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