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Redundancy

Employment Case Law: Redundancy and collective consultation

The latest decisions from employment tribunals on the cases that matter to you

Redundancy and collective consultation – the “Woolworths case” USDAW and another v WW Realisation 1 Ltd (in liquidation), Ethel Austin Ltd and another (C-80/14)   The issue When calculating the number of redundancies for collective consultation purposes, do...

How to...deal with a job candidate who lies

A “white lie” may not cause you to reconsider a candidate’s suitability for a job if it is not important, such as having you believe from their CV that they enjoy heli-skiing in their spare time. However, other lies may be significant enough to destroy trust and confidence...

“Relief” over ECJ decision on collective redundancies

Multi-site companies will be relieved after the European Court of Justice (ECJ) backed their stance on collective redundancy consultation, according to a senior employment lawyer.   In the long-running “Woolworths case”, the ECJ decided that the administrators were correct to...

Employment Case Law: Taxation of injury to feelings awards

The latest decisions from employment tribunals on the cases that matter to you

Taxation of injury to feelings awards Wilton v Timothy James Consulting Ltd [2015] All ER (D) 70 (Apr)   The issue Is an “injury to feelings” award taxable if it is compensation for discrimination arising out of the termination of employment? This case concluded...

Payroll Alliance Focus: June 2015

An in-depth look at the issues affecting payroll professionals

Employment Allowance The Employment Allowance was introduced on 6 April 2014 and continues for 2015/16. The scheme has been extended to include care and support workers for 2015/16. This means that accidental employers, defined as people who employ a care or support worker to assist them or...

Rail workers vote for strike action

Members of the Rail, Maritime and Transport union (RMT) have voted for strike action and action short of a strike in a pay dispute with Network Rail.    There was a 60 per cent response to the RMT ballot from members working for Network Rail, of which 80 per cent voted for strike...

Woolworths case decision hailed as good news

The European Court of Justice (ECJ) decision in USDAW v Wilson, better known as “the Woolworths case”, has been hailed as good news for businesses operating across several sites.   The ECJ has agreed that the UK understanding of an individual store as one “establishment...

Employment Case Law: Wrongful dismissal and misconduct

The latest decisions from employment tribunals on the cases that matter to you

Wrongful dismissal and misconduct Williams v Leeds United Football Club Ltd [2015] All ER (D) 218 (Feb)   The issue Can an employer dismiss an employee for misconduct that took place many years earlier, of which it was not previously aware, and in circumstances where it was looking...

How to...follow a redundancy procedure

Legal developments about redundancy procedures have raised questions over what processes need to be followed. Depending on the number of job losses, prescribed procedures need to be followed when carrying out redundancies. Specifically, when it is proposed to make 20 jobs redundant at one...

Getting older people into work could boost economy by £25bn

Businesses need to work with the Government and the media to help more people aged over 50 to stay in their job or get back into work, according to a new report.   A new vision for older workers: retain, retrain, recruit, written by the Government’s Business Champion for Older...

Less red tape if redundancy decision stands

Firms could face less red tape in redundancy procedures if the European Court of Justice (ECJ) agrees with its Advocate General’s (AG’s) opinion in the so-called Woolworths case. The case, USDAW v Wilson, turns on the definition of collective consultation and what constitutes an...

Helpdesk: Redundancy payments made in lieu of notice

Q What weekly rate of pay is payable if an employee is made redundant on 31 March and paid in lieu of a month’s notice?   A The “relevant date” used to calculate redundancy pay for an employee whose contract of employment is terminated without notice is the one on which...

“Relief” over collective redundancies decision

  The UK can limit the need to consult collectively on redundancies to cases in which the proposed job losses are at the same site, the Advocate General of the European Court of Justice (ECJ) has indicated.   The decision relates to the case involving Woolworths, where employees...

Women feel careers are threatened during pregnancy

More than half of women believe their jobs are threatened when they take maternity leave, according to a survey.    Research from My Family Care showed that mothers-to-be were also reluctant to declare their pregnancies, with 42 per cent admitting that they had been afraid to tell...

Legal Comment: Maternity leave and redundancy

Employers need to be careful when making a woman on maternity leave redundant, warns Tim Randles.

Arecent Employment Appeal Tribunal (EAT) decision in Sefton Borough Council v Wainwright deals with maternity leave and redundancy.   Maternity protections Regulation 10 of the Maternity and Parental Leave Regulations 1999 (MPLR) provides an obligation to positively discriminate. If...
 

 

 

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