Redundancy

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New ACAS Code on Collective Redundancies

As you may be aware, with effect from 6 April 2013, the law on collective redundancy consultation changed.  Employers were previously required to undertake collective consultation for a period of 90 days if more than 99 employees are to be made...

HR Law's "need to know" guide to new laws in 2013

Now that the festive period is over and everyone in Government is back at their desks, employment lawyers and HR professionals alike can brace themselves for what will be an action-packed year of employment law reform.  Here are the highlights: ...

Pregnancy and Redundancy: What should you be expecting?

One of the trickiest areas of employment law can be going through a redundancy process where some of the affected employees are pregnant or on maternity leave.  This is a complex area of law, and it can be very difficult to navigate if the employer is...

Top Tips for Handling Dismissal-Dodgers

Picture the scene: an employee is invited to a disciplinary meeting but the very next day you receive a note from his GP signing him off for a month with stress. Sounds familiar? Another common predicament is that of the elusive companion or the trade union...

Avoiding redundancies: Top tips to save costs without (permanently) losing staff

Whilst planning how to save costs in a business is a difficult and stressful and the ‘quick fix’ of lowering head count might be attractive, HR practitioners should not jump to the conclusion that redundancies are an inevitable part of the...

FW top tips on selection procedures for redundancy as a result of a business re-organisation following recent case law

It is a long established principle that when an employer is selecting employees for redundancy, the decision(s) should be based on objective criteria (Williams and others v Compare Maxam Limited (1982)). However, the recent judgment in Morgan v The Welsh...

Auntie advises on maternity and sex discrimination issues affecting redundancy decisions

Dear Auntie Unfortunately, our company is planning to make an employee from our sales team redundant.  The sales team is headed by a manager who works with one male and one female assistant but we now only have enough work for one assistant. The...

Employment Tribunal Changes - What's Happening?

The proposed changes to the Employment Tribunal system are proving controversial.  David Murphy gives you the low-down on some of the key changes being considered - and hrlaw’s opinion on them. 1.    Extending the qualifying...

Auntie answers your question on the ACAS guidance on redundancies

Dear Auntie I know that ACAS has produced updated guidance on handling redundancies – what do I need to know about it? Yours sincerely Miss D. Charge HR Manager Dear Miss Charge A new booklet containing guidance for employers, trade...

GISDA Cyf v Barratt 2010: When is a dismissal effective?

The decision in the case of GISDA Cyf v Barratt marks a further step towards furthering employee protection over achieving certainty for employers. Why should we care? As we know, assessing the exact date on which a dismissal is effective is important -...

When can an 'Off the Record' chat prejudice your position?

 Employers often want an “off the record” chat with employees to see if they can persuade an employee to leave quickly and amicably under a compromise agreement. Such chats are seen as being more friendly than going through a formal process...

Auntie advises on age discrimination and redundancy

Dear Auntie,  Our company has a generous redundancy policy which is subject to a cap. The cap ensures that a redundant employee does not receive more than he or she would have earned had they remained in employment until retirement age.  A few of...

Top Tips for Dealing with Employment Tribunal Disclosure

These top tips follow on from the guidance in this month’s Aunty Advice which details the nature of an employer’s obligation to disclose relevant documents as part of the employment tribunal litigation process. Top tips for dealing with...

Auntie Advises on Employment Tribunal Disclosure Obligations

Dear Auntie, We have just returned from a Case Management Discussion and the Employment Tribunal has ordered that disclosure be carried out over the next month.  We have a number of internal documents about the litigation which we would rather not...

Dismissing an employee on long term sick leave

Dear Auntie At my organisation there is a member of staff (Tim) who has been off work with a bad back for 3 months. My MD wants to dismiss him but, as HR manager, I am worried about doing this. Please could you give me some guidance as to the issues...

Top tips on preparing to defend an employment tribunal claim

According to Tribunal Services' statistics for 2008/2009, claims for unfair dismissal, breach of contract, redundancy pay and failure to inform and consult in redundancy were all up on the previous years’ figures.  In total, 151,000 claims...

Top ten tips for Lehman Bankers: What to do when your employer goes bust?

It might get saved - it might collapse.  Either way, Lehman Brothers employees cannot afford to stand around Canary Wharf waiting to unpack their cardboard boxes, say the experts at Fox Williams. 1. Protect you and your family – if you...

Collective redundancies: National Union of Mineworkers dig deeper to expand consultation duty

Summary A recent landmark ruling by the Employment Appeal Tribunal (“the EAT”) has significantly altered the position concerning collective redundancies.  The key finding in UK Coal Mining Limited v National Union of Mineworkers is...

'R' is for Redundancy

What is Redundancy? Redundancy is a potentially fair reason for dismissal. Broadly, a genuine redundancy situation arises in one of the following circumstances: (a)               The...

Bumping Bonuses - is there an implied term that you must always pay bonuses?

It’s bonus time.  No doubt, in addition to the numerous grateful employees enjoying champagne in the local wine bar, there are a number who feel that they should have been paid more and have written to you threatening grievances and the like, and...

Junk... Food for thought?

Junk v Kuhnel The European Court of Justice (ECJ) has clarified the position on an employer’s duty to inform and consult with employees in a collective redundancy situation. In this case, the ECJ held that a redundancy takes place when the employer...