Birch and Humber v The University of Liverpool: CA 1985

Termination of employment by mutual consent in such a way as not to involve a dismissal is not a statutory redundancy. Ackner LJ said: ‘I put to her the simple example of an employer who envisages some time in the future, eg because of new technology, the need to slim down his workforce and makes an offer to those who are prepared to resign rather than wait to volunteer for redundancy and supports that offer with a financial inducement which is far in excess of what is likely to be obtained under the redundancy legislation. It seems to me clear that in such a situation, assuming no coercion of any kind, that if that offer is accepted there can be no question of there having been a dismissal.’
Ackner LJ
(1985) IRLR 87, [1985] ICR 470, [1985] EWCA Civ 8
Bailii
England and Wales
Cited by:
CitedAGCO Limited v Massey Ferguson Works Pension Trust Limited, Bradbury, Chater CA 17-Jul-2003
An employee sought payment under his pension scheme on taking redundancy at the employer’s request. The scheme did not make explicit provision for payment in such circumstances.
Held: The court had to begin with the words used. The kernel of . .
CitedSandhu v Jan De Rijk Transport Ltd CA 10-May-2007
The court was asked whether the claimant had been dismissed or had resigned. He had attended a meeting to be told that his contract was to be finished. The company later complained that he had resigned when they were unable to reach a compromise on . .

These lists may be incomplete.
Updated: 10 January 2021; Ref: scu.185197