redundancy

Mar

2024

Redundancy Protection and Family leave

Written by Carina Jheeta

From 6th April 2024, employees who are pregnant or returning from maternity, adoption or shared parental leave will gain priority status for redeployment opportunities in a redundancy situation. Under the current law, employees on maternity, shared...

May

2023

Age Discrimination, Redundancy and the Burden of Proof – Guideline Ruling

Written by Emma-Louise Hewitt

Where an older employee is treated less favourably than a younger one in a similar position, the burden shifts onto the employer to prove that age discrimination had no effect on its decision-making. An Employment Tribunal (ET) made that point in...

Apr

2023

Conducting a Fair Redundancy Exercise – Guideline EAT Ruling

Written by Emma-Louise Hewitt

A redundancy process in which a decision to dismiss is effectively taken in advance of consulting an affected employee will almost never be fair. The point was made by the Employment Appeal Tribunal (EAT) in the case of a nurse who was selected for...

Dec

2022

High Street Retailer's Insolvency Triggers Guideline TUPE Ruling

Written by Emma-Louise Hewitt

When one company acquires all or part of the assets of another, is the former legally obliged to take on the latter's employees on the same terms as before? That issue was the focus of an important Employment Tribunal (ET) case arising from the...

Mar

2022

P&O Devastating Sacking of 800 people

Written by Emma-Louise Hewitt

P&O sacked 800 employees yesterday via video to replace them with "cheaper agency staff". The employees were told yesterday that it was their "final day of employment". Some of these employees have been with the Company their whole life. P&...

Feb

2022

Employment Tribunal Blasts Operations Manager's 'Sham' Redundancy

Written by Sydney Mitchell

Employers all too often assert that a worker's services are no longer needed when the real reason for their dismissal has nothing whatsoever to do with redundancy. As one case showed, however, employment judges were not born yesterday and are always...

Feb

2022

Availability of Furlough Scheme Rendered Redundancy Unreasonable

Written by Emma-Louise Hewitt

A great many businesses were plunged into grave financial difficulties by the COVID-19 pandemic, but was it reasonable to make employees redundant at a time when the furlough scheme provided a less draconian option? An Employment Tribunal (ET)...

Jan

2022

Redundancy Selection – Subjective Performance Assessment is Not Enough

Written by Sydney Mitchell

Conducting a fair redundancy process requires a careful, almost forensic approach and it is almost never good enough for employers to rely on a subjective assessment of an employee's past performance. An Employment Tribunal (ET) succinctly made that...

Nov

2021

Carillion Group Insolvency Triggers Guideline Worker Consultation Ruling

Written by Sydney Mitchell

There may be 'special circumstances' that excuse an employer from full compliance with worker consultation requirements before making mass redundancies – but what exactly does that mean? The Employment Appeal Tribunal (EAT) considered that issue in...

Jun

2021

Court of Appeal Gives Guidance on Re-Engagement Orders

Written by Dean Parnell

Amongst the panoply of powers enjoyed by Employment Tribunals (ETs) is the remit to order re-engagement of unfairly dismissed employees. A guideline Court of Appeal ruling, however, underlined some of the practical reasons why that power is only...

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Redundancy Protection and Family leave

Age Discrimination, Redundancy and the Burden of Proof – Guideline Ruling

Conducting a Fair Redundancy Exercise – Guideline EAT Ruling

High Street Retailer's Insolvency Triggers Guideline TUPE Ruling

P&O Devastating Sacking of 800 people

Employment Tribunal Blasts Operations Manager's 'Sham' Redundancy

Availability of Furlough Scheme Rendered Redundancy Unreasonable

Redundancy Selection – Subjective Performance Assessment is Not Enough

Carillion Group Insolvency Triggers Guideline Worker Consultation Ruling

Court of Appeal Gives Guidance on Re-Engagement Orders

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