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  • Article

    Status Of Enhanced Redundancy Terms

    Keeley v. Fosroc International Limited the Court of Appeal held that the mere mention that employees were "entitled" to enhanced redundancy pay in a staff handbook made it contractually binding even though there was no methodology for calculating the enhanced redundancy payment in the staff handbook.
    United KingdomEmployment and HR
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    The Importance Of Working Practices When Determining Employee Status

    A recent Employment Tribunal decision on the question of employment status serves as a useful reminder of the criteria applied to a dispute of this nature.
    United KingdomEmployment and HR
    Veale Wasbrough Vizards
    Veale Wasbrough Vizards
Article

TUPE Does Not Confer Additional Rights On Employees

In Jackson v Computershare Investor Services PLC the Court of Appeal has confirmed that TUPE and the Acquired Rights provisions aim at preventing the employee in an undertaking from being prejudiced as a result of the transfer.
United KingdomEmployment and HR
CMS Cameron McKenna Nabarro Olswang
CMS Cameron McKenna Nabarro Olswang
  • Article

    Will A Refusal To Offer A Trial Period Make A Redundancy Dismissal Unfair?

    Yes, the refusal of a contractual right to a four week trial period in an alternative role is very likely to lead to an unfair dismissal (EAT).
    United KingdomEmployment and HR
    Wrigleys Solicitors LLP
    Wrigleys Solicitors LLP
  • Article

    A Couple Of Recent Decisions On Furlough And Redundancy

    Two recent employment tribunal cases have provided helpful guidance on making redundancies during the operation of the Coronavirus Job Retention Scheme (CJRS).
    United KingdomEmployment and HR
    Trowers & Hamlins
    Trowers & Hamlins
  • Article

    When Is It Reasonable For An Employee To Reject A Suitable Alternative Role When Their Current Role Is At Risk Of Redundancy?

    In Readman v Devon Primary Care Trust UKEAT/0016/11/ZT, the EAT have re-visited how to determine whether an employee has acted unreasonably in refusing suitable alternative employment so that they forfeited their right to statutory redundancy pay.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Surge In Calls For Redundancy Advice

    The Citizen’s Advice Bureau (CAB) has reported that the number of people seeking advice on redundancy issues has risen sharply in recent months as a result of the current economic downturn.
    United KingdomEmployment and HR
    Ashby Cohen Solicitors Ltd
    Ashby Cohen Solicitors Ltd
  • Article

    COVID-19 UK - The Clyde Guide To The Second Phase Of The Coronavirus Job Retention Scheme (Last Updated: 20.08.2020)

    The first phase of the Scheme (the Original Scheme) was announced by the Chancellor on 20 March 2020 to pay 80% of employee wages up to a cap of £2,500 per month.
    United KingdomCoronavirus (COVID-19)
    Clyde & Co
    Clyde & Co
  • Article

    Easing The Pain Of A Redundancy Programme

    In the current climate it is inevitable that some businesses will not be able to maintain the existing staff levels. However making job losses is never easy and any redundancy programme should be implemented with care. Here are some guidelines for businesses in this position.
    United KingdomEmployment and HR
    DWF
    DWF
  • Article

    Employment Claims - Increase In Compensation Limits From 6 April 2021

    The compensation limits applying to certain employment claims will increase with effect from 6 April 2021. The rates of Statutory Maternity Pay, Statutory Paternity Pay...
    United KingdomEmployment and HR
    RadcliffesLeBrasseur
    RadcliffesLeBrasseur
  • Article

    Employment Rights Bill Sent Back To The Commons Yet Again; ACAS Early Conciliation Period Extended; Digital Collective Redundancy Notification

    Yesterday afternoon the House of Lords debated the Employment Rights Bill once again and, once again, five Government motions were defeated with the Lords insisting on their 28 October amendments...
    United KingdomEmployment and HR
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Increase In A Week´s Pay To £380 From 1st October

    In the April Budget the Government announced a one-off increase in statutory redundancy pay by increasing the weekly pay limit to £380 from £350.
    United KingdomEmployment and HR
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    New Employer Guidance Available On New Family-friendly Employment Rights

    With multiple new and amended family friendly rights in force from April, it is no surprise that new and updated guidance has been published by the UK Government, Acas and the ECHR.
    United KingdomEmployment and HR
    Morton Fraser
    Morton Fraser
  • Article

    Redundancy Consultation: Subjectively Speaking, Selection Criteria Was Super

    As you know, for a redundancy dismissal to be fair, the redundancy process, including scoring the employee against selection criteria, must be reasonable.
    United KingdomEmployment and HR
    Wedlake Bell LLP
    Wedlake Bell LLP
  • Article

    Redundancy — Getting It Right

    It is true of most businesses that the people who they employ are at once their single biggest asset and single biggest liability.
    United KingdomEmployment and HR
    Attwells Solicitors LLP
    Attwells Solicitors LLP
  • Article

    Superannuation Bill to Cap Civil Service Redundancy Payments

    The Superannuation Bill 2010-11 had its second reading in the House of Commons last week. If successful, the Bill will put in place measures to cap compensation payouts under the Civil Service Compensation Scheme at a maximum of 12 month’s pay for compulsory redundancy and 15 months for workers who leave voluntarily.
    United KingdomEmployment and HR
    Ashby Cohen Solicitors Ltd
    Ashby Cohen Solicitors Ltd
  • Article

    Supreme Court Decides That Administrators Are Not Criminally Liable For Failure To File HR1

    In R (on the application of Palmer) v Northern Derbyshire Magistrates' Court and anor, the Supreme Court has held that a company administrator appointed under the Insolvency Act 1986...
    United KingdomEmployment and HR
    Michelmores
    Michelmores
  • Article

    USDAW Triumph In The EAT – £5m Compensation For Ex-Woolworths And Ethel Austin Staff

    In a landmark case, the EAT has overturned a previous ET decision that denied compensation to ex-employees of Woolworths who had worked in stores with less than 20 members of staff.
    United KingdomEmployment and HR
    Fieldfisher
    Fieldfisher
  • Article

    Collective Redundancies – Can Directors Of Financially Distressed Companies Breathe A Sigh Of Relief?

    In October we issued an article on the criminal charges that had been brought against the former directors of City Link Limited (in administration) for their failure to notify the Secretary of State of proposals for collective redundancies under section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992.
    United KingdomInsolvency/Bankruptcy/Re-Structuring
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Agenda For Change – Contractual And Statutory Recovery

    In the recent case of Employment Appeal Tribunal (EAT) decision of Ugradar v. Lancashire Care NHS Foundation Trust UKEAT/0301/18,
    United KingdomLitigation, Mediation & Arbitration
    Dentons
    Dentons
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