Last updateTue, 24 Feb 2015 5pm

REDUNDANCY: Establishing a place of work

06 March 2015  

As mobile working grows in popularity, it is not always easy to say where an employee is based, which can cause difficulties on dismissal, explains Julian Yew

Under s139 of the Employment Rights Act 1996 (ERA), there are four types of redundancies, of which two concern the place of work. A redundancy may arise where, for example, the employer has ceased, or intends to cease, to carry on its business in the place where the employee was employed (s139(1)(a)(ii) ERA). While this provision may seem relatively straightforward, there has not been any established legal authority on the issue of mobile employees.

Additional Info

  • Case(s) Referenced:

    Bass Leisure Ltd v Thomas [1994] IRLR 104

    Exol Lubricants Ltd v Birch & Perrin [2014] UKEAT 0219

    High Table Ltd v Horst [1997] EWCA Civ 2000

    Wandsworth London Borough Council v D’Silva [1998] IRLR 193