Foyle Meats Ltd's slaughtering business was declining. The companyeliminated one production line in the slaughter hall, and 35meatplant operatives were made redundant from the slaughter hall. The employees all had flexibility clauses, and they sometimes rotated departments to the boning or loading hall, etc. The dismissed employees claimed they were not redundant because the employer still needed workers under the same terms, just in different departments.
Judgment
Lord IrvineLC held that the operatives were redundant and that "the language of the is in my view simplicity itself". He referred to Nelson v BBC which had wrongly propagated the "contract test" view, which was wrong. A simple causation test was applied, based on the word "attributable" in the statute. Did diminishing demand for labor cause the dismissal?