Can voluntary redundancy form the basis of an unfair dismissal claim?
A recent Employment Appeal Tribunal case demonstrates some of the issues that may arise in a voluntary redundancy situation.
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Another great result achieved by our Insurance Litigation team, saving our insurer client over £40,000 in damages in a recent credit hire matter.
26 April 2021
Case Study
Following a road traffic accident on 03 January 2019, a claim was presented for credit hire of £40,937.24, with recovery and storage of £867.00 and pre-accident vehicle value of £2118.50.
Adam Peers who lead on the case comments:
“It was clear from the financial disclosure provided by the Claimant that he was abroad during the first few months of hire, yet the Claimant was still apparently earning providing delivery services for Uber Eats and Deliveroo during this period.
“The Claimant was clearly pecunious and had more than sufficient funds in his own account to have replaced his own vehicle within a short period of time rather than incurring lengthy credit hire charges. As well as having significant funds in his own account, the Claimant had access to over £30,000 on credit cards. The claims for recovery and storage were also challenged due to the absence of any credit agreement.”
Case Study
The vehicle losses were paid and an offer was made of £1,000 for the claim for hire to allow a reasonable period of time for the Claimant to dispose of his own vehicle and to purchase a new vehicle.
No offers were made for recovery and storage. Despite several attempts by the Claimant’s Solicitors to negotiate a higher offer, the offer was accepted a week before trial.
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For more information about this case, or how our Insurance Litigation team defends insurers and self-insured organisations against credit hire claims, please contact us on 01332 226 109 or complete the form below.
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