Baker v Gill: QBD 6 Nov 1970

Mr Baker had worked on Mr Gill’s farm for many years, working for a small wage, some milk and a cottage. Mr Gill sold the farm, and the buyer made an oral offer to the appellant work with increased pay, but of a slightly different nature. On the sale, Mr Gill terminted the employment. Mr Baker sought a redundancy payment.
Held: The appellant challenged a finding that he had not been entitled to a redundancy payment. Lord Parker CJ said: ‘It is not a question whether the offer was made in writing before he started work for his new employer, but whether, to use the words of sub-section (2)(b), it was made before the end of his employment under the previous contract. Here his employment ended on the 26th April and this notice was not served until the 27th. Accordingly as it seems to me there has not been here a strict compliance with the provisions of sub-section (2) of section 3; accordingly it follows that the applicant [appellant] was dismissed by reason of redundancy and is entitled to a redundancy payment. I

Lord Parker CJ, Diplock LJ, Ashworth J
[1970] EWHC QB 1, (1970) 10 KIR 61, [1971] ITR 61
Bailii
England and Wales

Employment

Updated: 12 January 2022; Ref: scu.263362