Overheard pub talk “showed solicitor’s redundancy was bogus” – Legal Futures

‘A long-serving solicitor has been allowed to use a leaked internal email and overheard pub conversation as evidence for a discrimination claim against his former firm.’

Full Story

Legal Futures, 10th August 2018

Source: www.legalfutures.co.uk

Birmingham refuse collectors win high court case against city council – The Guardian

Posted September 22nd, 2017 in industrial action, injunctions, local government, news, redundancy, waste by sally

‘Birmingham’s long-running bin strike has been suspended following a high court injunction preventing the city council from making refuse workers redundant.’

Full Story

The Guardian, 20th September 2017

Source: www.theguardian.com

Parks police dismissal does not engage article 8 – UK Police Law Blog

‘The recent case of Vining & Ors v London Borough of Wandsworth [2017] EWCA Civ 1092 represents an attempt to circumvent restrictions on certain types of officers from enjoying employment law rights – in a claim of unfair dismissal and for a protective award in respect of an alleged failure in collective consultation relating to their redundancies.’

Full Story

UK Police Law Blog, 15th August 2017

Source: ukpolicelawblog.com

Maternity leave sackings cost £280m a year, says equality watchdog – The Guardian

Posted October 28th, 2016 in employment, equality, maternity leave, news, pregnancy, redundancy, sex discrimination by sally

‘British businesses are losing hundreds of millions of pounds every year as a result of women being forced out of jobs after having a baby, a damning report from the equalities watchdog has revealed.’

Full story

The Guardian, 27th October 2016

Source: www.guardian.co.uk

Legal, contractual and ethical issues arise from increased robotics in manufacturing, says expert – OUT-LAW.com

‘The anticipated rise in the use of robots will force manufacturers to rethink contracts with technology suppliers to ensure risks stemming from their use can be passed on.’

Full story

OUT-LAW.com, 25th August 2016

Source: www.out-law.com

Filling the void: the Brexit effect on employment law – OUP Blog

‘Having been cast as unnecessary “red tape”, a burden on business, inflexible, uncompetitive and inefficient, it is widely assumed that a sizeable number of domestic employment laws derived from European Law will be in the firing line in the event of a Brexit. In a well-publicised written opinion produced for the TUC, the leading labour law barrister, Michael Ford QC, has provided some support for this assumption. He noted the vulnerability of these EU-derived employment rights and labour laws, and divided and categorised them according to whether a future UK government would be likely to repeal, dilute or preserve them. In this blog, I will probe what might fill any void created by the removal of employment rights rooted in EU law. Surprisingly, the common law would appear to have as significant a role to play as domestic legislation in this context. The potential involvement of the common law is somewhat paradoxical, particularly in light of its perceived ‘undemocratic’ credentials, it being a source of law crafted incrementally by unelected judges.’

Full story

OUP Blog, 7th June 2016

Source: www.blog.oup.com

How Much Can I Claim? – No. 5 Chambers

‘Every year the Government reviews and uprates the level of employment protection payments. The new rates come into effect on 6 April each year.’

Full story

No. 5 Chambers, 27th May 2016

Source: www.no5.com

Winners and Losers in the Permanent Health Insurance Game – Henderson Chambers

Posted June 2nd, 2016 in employment, health, insurance, news, redundancy by sally

‘Permanent health insurance (PHI), also and probably more accurately known or described as Income Protection Insurance (IPI), can solve the problem of income protection when an employee is ill for a period beyond that where income is directly maintained by the employer. The employee has time to recover and the employer is relieved of the expense of paying the non-productive employee. But it is not always a Win-Win situation, particularly where there comes a parting of the ways between employer and employee.’

Full story

Henderson Chambers, 31st March 2016

Source: www.hendersonchambers.co.uk

Routine use of council gagging orders ‘leaves Britain open to corruption’ – The Independent

‘The UK has left itself open to corruption at the heart of local government, transparency campaigners warned, after it emerged that council workers have been routinely issued with gagging orders when they left public service.’

Full story

The Independent, 3rd April 2016

Source: www.independent.co.uk

City Link directors ‘not guilty’ of failing to notify government of looming redundancies – OUT-LAW.com

Posted November 17th, 2015 in company directors, crime, insolvency, news, notification, prosecutions, redundancy by tracey

‘City Link did not breach laws requiring them to notify the government that they were “proposing to dismiss” thousands of employees who were made redundant when the business became insolvent last year, a court has ruled.’

Full story

OUT-LAW.com, 16th November 2015

Source: www.out-law.com

University and College Union v University of Stirling – WLR Daily

University and College Union v University of Stirling [2015] UKSC 26; [2015] WLR (D) 188

‘An employee was dismissed as redundant for the purposes of an employer’s duty to consult about proposed collective redundancies if the reason for his dismissal was not something to do with him—such as something he was or something he had done—but was a reason relating to the employer, such as his need to effect business change in some respect.’

WLR Daily, 29th April 2015

Source: www.iclr.co.uk

University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) – Supreme Court

University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) [2015] UKSC 26 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

Collective redundancies: Is a return to normality on the horizon? – The Futures of Law

Posted February 20th, 2015 in appeals, consultations, employment tribunals, interpretation, news, redundancy by sally

‘Those responsible for employment decisions in firms and businesses with multiple office locations will have been relieved that the Advocate General recommended a reversal of the Employment Appeal Tribunal’s interpretation of ‘one establishment’ in the Woolworths cases (USDAW v Ethel Austin Ltd (In administration) UKEAT/0547/12/kn[2013] IRL886) when his opinion was handed down on 5 February 2015. However, as the European Court of Justice is not obliged to follow the AG’s opinion, we still have some time to wait for further clarity on this issue.’

Full story

The Futures of Law, 19th February 2015

Source: www.blogs.lexisnexis.co.uk

Welcome relief – New Law Journal

‘Ian Smith reports on basic & immutable problems of employment law that require complex answers.’

Full story

New Law Journal, 17th February 2015

Source: www.newlawjournal.co.uk

Advocate general: Employment Appeal Tribunal was wrong in ‘Woolworths’ collective redundancy case – OUT-LAW.com

Posted February 6th, 2015 in consultations, EC law, news, redundancy, tribunals by sally

‘UK rules limiting collective consultation requirements to cases where an employer was proposing 20 or more redundancies “at one establishment” are compatible with EU law, according to an adviser to the EU’s highest court.’

Full story

OUT-LAW.com, 5th February 2015

Source: www.out-law.com

Settling a taxing point about taxation of settlement agreements – Cloisters

Posted December 18th, 2014 in age discrimination, news, redundancy, taxation, tribunals, unfair dismissal by sally

‘If you are an advisor who only occasionally dabbles with tax issues in settlements for fear of having to delve into murky tax law, take note of a recent decision providing a lucid summary of the relevant principles. The case is also a cautionary tale for claimants challenging tax assessments as the claimant’s unsuccessful challenge before the First-Tier Tax Tribunal (FTT) resulted in a tax bill larger than the one sent to him by HMRC. If Oti-Obhihara [2011] IRLR 386 and Orthet v Vince Cain [2005] ICR 374 ring a distant bell from advising on settlements past, they should now be retuned to the sound of alarm bells as the FTT in Moorthy v HMRC [2014] UKFTT 834 (TC) has doubted their correctness.’

Full story

Cloisters, 12th December 2014

Source: www.cloisters.com

Lawful Age Discrimination? – No. 5 Chambers

‘Caroline Jennings reviews the recent EAT case of Palmer v RBS UKEAT/0083/14 which concerns whether or not a statutory restriction on eligibility for early retirement benefits could amount to age discrimination.’

Full story

No. 5 Chambers, 19th September 2014

Source: www.no5.com

Ministry of Justice recruits redundant prison officers to ease jail crisis – The Guardian

Posted July 21st, 2014 in news, prison officers, prisons, redundancy by sally

‘The Ministry of Justice is trying to re-employ more than 2,000 prison officers who only recently took voluntary redundancy, in a move to avert a crisis triggered by the rising number of prisoners in Britain’s jails.’

Full story

The Guardian, 20th July 2014

Source: www.guardian.co.uk

Travails of the War Horse orchestra – UK Human Rights Blog

Posted April 24th, 2014 in artistic works, contract of employment, human rights, news, redundancy, theatre by tracey

‘Ashworth and others v the Royal National Theatre [2014] 1176. Anyone who saw one of the early performances of War Horse in its first season at the National Theatre will remember how profoundly moving was the live music, with the musicians visible along the sides of the theatre above the stage. Since that highly successful (and profitable) first season the role of the orchestra had been radically reduced, and now looks as if it is about to vanish altogether.’

Full story

UK Human Rights Blog, 23rd April 2014

Source: www.ukhumanrightsblog.com

United States of America v Nolan – WLR Daily

United States of America v Nolan [2014] EWCA Civ 71;  [2014] WLR (D)  46

‘Employers who were public administrative bodies or sovereign states were not exempt from the obligation to consult employees’ representatives about proposed collective redundancies imposed by section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, as substituted.’

WLR Daily, 4th February 2014

Source: www.iclr.co.uk