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When is the obligation to collectively consult triggered? Comment Posted on 02/04/2012 16:08:00 \| Category: Redundancy \| In the case of the United States of America v Nolan, the Advocate General considered when the obligation to consult workforce representatives arises in the context of a collective redundancy. On 20 September 2006, a US army base in Hampshire was closed leading to approximately 200 civilian redundancies. Christine Nolan, one of those made redundant, made a claim for a protective award on the groun... read more...
Can an employer use subjective criteria when considering suitable alternative employment for an employee? Comment Posted on 07/03/2012 15:37:00 \| Category: Redundancy \| The EAT in Samsung Electronics v Monte D'Cruz has held that an employer is entitled to take into account subjective criteria when an employee is being considered for suitable alternative employment in a redundancy situation. In this case, Samsung were restructuring their print division and were planning to combine four roles into one new role. Mr Monte D’Cruz was one of the employees ... read more...
EAT holds that refusing voluntary redundancy applications from older employees is justifiable Comment Posted on 21/02/2012 10:55:00 \| Category: Redundancy \| The Employment Appeal Tribunal (“EAT”) has held in the case of HM Land Registry v Benson & Ors that refusing voluntary redundancy applications from older employees because they were more expensive to make redundant is permissible. In this case, staff at HM Land Registry (the “Registry”) were invited to apply for voluntary redundancy in a bid to reduce overstaffing. It w... read more...
EAT hold expiry of a fixed term contract is not redundancy for the purposes of collective consultation Comment Posted on 17/02/2012 09:39:00 \| Category: Redundancy \| When an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days, the employer must consult all appropriate representatives of the employees who may be dismissed. If it is proposed that: between 20 and 99 employees are to be made redundant, consultation is for at least 30 days before the first dismissal; or 100 or more... read more...
Collective Redundancy: Definition of Establishment Comment Posted on 01/02/2012 09:06:00 \| Category: Redundancy \| Former employees of Woolworths have successfully brought an action for its failure to inform and consult in connection with a collective redundancy procedure. The Employment Tribunal concluded that when Woolworths went into administration in November 2008, and subsequently dismissed its employees by reason of redundancy, it failed to comply with its legal obligation to inform and consult collecti... read more...
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When is the obligation to collectively consult triggered?

Comment Posted on 02/04/2012 16:08:00 | Category: Redundancy |

In the case of the United States of America v Nolan, the Advocate General considered when the obligation to consult workforce representatives arises in the context of a collective redundancy. On 20 September 2006, a US army base in Hampshire was closed leading to approximately 200 civilian redundancies. Christine Nolan, one of those made redundant, made a claim for a protective award on the groun... read more...

Can an employer use subjective criteria when considering suitable alternative employment for an employee?

Comment Posted on 07/03/2012 15:37:00 | Category: Redundancy |

The EAT in Samsung Electronics v Monte D'Cruz has held that an employer is entitled to take into account subjective criteria when an employee is being considered for suitable alternative employment in a redundancy situation. In this case, Samsung were restructuring their print division and were planning to combine four roles into one new role. Mr Monte D’Cruz was one of the employees ... read more...

EAT holds that refusing voluntary redundancy applications from older employees is justifiable

Comment Posted on 21/02/2012 10:55:00 | Category: Redundancy |

The Employment Appeal Tribunal (“EAT”) has held in the case of HM Land Registry v Benson & Ors that refusing voluntary redundancy applications from older employees because they were more expensive to make redundant is permissible. In this case, staff at HM Land Registry (the “Registry”) were invited to apply for voluntary redundancy in a bid to reduce overstaffing. It w... read more...

EAT hold expiry of a fixed term contract is not redundancy for the purposes of collective consultation

Comment Posted on 17/02/2012 09:39:00 | Category: Redundancy |

When an employer is proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days, the employer must consult all appropriate representatives of the employees who may be dismissed. If it is proposed that: between 20 and 99 employees are to be made redundant, consultation is for at least 30 days before the first dismissal; or 100 or more... read more...

Collective Redundancy: Definition of Establishment

Comment Posted on 01/02/2012 09:06:00 | Category: Redundancy |

Former employees of Woolworths have successfully brought an action for its failure to inform and consult in connection with a collective redundancy procedure. The Employment Tribunal concluded that when Woolworths went into administration in November 2008, and subsequently dismissed its employees by reason of redundancy, it failed to comply with its legal obligation to inform and consult collecti... read more...

1 2 3 4 5 Next Last

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