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Often both parties are legally represented in employment tribunal claims. However, claimants may represent themselves. The tribunal will assist claimants where necessary in the course of the proceedings but how far should that assistance go?
This Court of Appeal had to consider this issue in the case of John Guest Engineering and Vaio. Mr Vaio successfully won a claim of unfair dismissal and race discrimination against his ex employer following his redundancy.
Blog Article | Last updated: 01/05/2012 09:13:00
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Redundancy arises when an employee is dismissed in one of three circumstances:
Actual or intended closure of the whole business;
Actual or intended closure of the business at a particular workplace; or
A reduction in the need for employees to carry out work of a particular kind.
Redundancy HR Resources | Last updated: 30/04/2012 10:47:00
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1. INFORMATION IN REDUNDANCY SITUATIONS
1.1. IntroductionThere is a statutory duty to inform and consult workforce representatives in:
a collective redundancy situation; or
where there is a TUPE transfer.
1.2. General PrinciplesInformation
TUPE HR Resources | Last updated: 30/04/2012 10:19:00
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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 grou
Blog Article | Last updated: 02/04/2012 16:08:00
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Employmentbuddy is delighted to announce the launch of the Employmentbuddy App
You can simply click on the following links to download the respective app for your mobile device:
iPhone, iPad and iPod touch App: http://itunes.apple.com/us/app/employmentbuddy/id511309045?ls=1&mt=8
Android App: https://play.google.com/store/apps/details?id=com.employmentbuddy.app
BlackBerry App: http://appworl
Blog Article | Last updated: 29/03/2012 11:24:00
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In Woodcock v Cumbria Primary Care Trust the Court of Appeal upheld the view of the tribunal that a redundancy dismissal, of which the purpose was to avoid the cost of an enhanced pension if the employee was still employed at the age of 50, was justified age discrimination.
The Court explained that while the age discrimination legislation does not exclude cost considerations from the justificati
Blog Article | Last updated: 28/03/2012 16:00:00
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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 at risk of re
Blog Article | Last updated: 07/03/2012 15:37:00
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A debate has arisen as to under what circumstances an employment tribunal should interfere with the pool for selection chosen by an employer in a redundancy situation..
The EAT confirmed the answer was "rarely" in the case of Halpin v Sandpiper Books. In this case Sandpiper Brooks employed Mr Halpin in its London office as an Administrator/Analyst. They then moved Mr Halpin to work in a sales role in China. After some
Blog Article | Last updated: 07/03/2012 11:27:00
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1. EMPLOYEE STATUS - THE TESTS
An individual carrying out work for another may be:
An employee;
A worker (Please note that a worker can also be self employed, but not all self employed are workers); or
An independent contractor/self emplo
Recruitment & Contracts HR Resources | Last updated: 05/03/2012 16:45:00
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Normally, at this time of year, employers would be busily introducing policies and procedures to meet new statutory obligations coming into force on 6th April. However, this year, it appears that the tables have turned in favour of employers.
News Article | Last updated: 01/03/2012 14:49:00
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