Berkeley Catering Limited v Jackson UKEAT/0074/20
Redundancy situation exists whether there is a diminution in the employer’s requirement for employees to do that work: motive is irrelevant.
Berkeley appealed against an ET judgement that Ms Jackson had been unfairly dismissed. Ms Jackson had been MD of Berkeley, which was owned by Mr Patel. Over time Mr Patel started to undermine Ms Jackson and to side-line her. Eventually he stated that he was taking charge of the company as CEO and the role of MD was therefore redundant. A meeting was supposed to be scheduled to discuss alternative roles but it never took place.