Does the failure to place a redundant employee on an existing “bank” workers list render a dismissal unfair? – 3PB

‘It was common ground between the parties that the claimant had been dismissed for a fair reason, namely redundancy. The point of contention arose from the fact that, at point of dismissal, the respondent had in place a list of workers upon whom it would call upon to
undertake adhoc work as and when needed.’

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3PB, 2nd October 2020

Source: www.3pb.co.uk

Does the failure to place a redundant employee on an existing “bank” workers list render a dismissal unfair? – 3PB

Posted October 29th, 2020 in casual workers, employment tribunals, news, redundancy, unfair dismissal by sally

‘It was common ground between the parties that the claimant had been dismissed for a fair reason, namely redundancy. The point of contention arose from the fact that, at point of dismissal, the respondent had in place a list of workers upon whom it would call upon to undertake adhoc work as and when needed.’

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3PB, 2nd October 2020

Source: www.3pb.co.uk

Female lawyers anxious over disproportionate impact of Covid – Legal Futures

‘Almost a quarter of women in the profession have not seen their incomes return to pre-Covid levels with one in five still on less than their previous working hours, a survey has found.’

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Legal Futures, 23rd October 2020

Source: www.legalfutures.co.uk

Covid: ‘Perfect storm’ causing employment tribunal backlog – BBC News

Posted October 22nd, 2020 in benefits, coronavirus, delay, employment tribunals, mental health, news, redundancy by sally

‘Concerns are being raised over a Covid-related backlog of tribunal cases involving people who believe they have lost their jobs unfairly.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk

Post-furlough redundancies: ‘It is important that workers know their rights’ – St Philips Barristers

Posted October 21st, 2020 in chambers articles, coronavirus, employment, news, redundancy by sally

‘The coronavirus pandemic has caused a wealth of uncertainty for both employers and employees.’

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St Philips Barristers, 15th October 2020

Source: st-philips.com

What does the end of the Coronavirus Job Retention Scheme mean for employers? – Doughty Street Chambers

Posted August 27th, 2020 in coronavirus, dismissal, employment, health & safety, news, redundancy, remuneration by sally

‘The Coronavirus Job Retention Scheme (the Scheme) is winding down in advance of its complete closure on 31 October 2020. This short article will discuss some of the practical and legal challenges that employers face in bringing workers back to work and how these can be met.’

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Doughty Street Chambers, 26th August 2020

Source: insights.doughtystreet.co.uk

Was an employee who resigned as a result of a restructuring exercise constructively unfairly dismissed? – 3PB

Posted August 11th, 2020 in constructive dismissal, news, redundancy, unfair dismissal by sally

‘In a restructuring exercise the Respondent employer had sought to “map” the Claimant into a new role and did not treat her as redundant. The Claimant did not agree that her original role mapped to the new role and did not believe the new role was suitable for her. She considered it a role with lower status, fewer senior responsibilities, and a change of job content; she did not believe that it was 70% similar to her existing job. She resigned in protest, claiming constructive unfair dismissal, wrongful dismissal and a redundancy payment. The ET found that the new role was significantly different to the old role, and that the Respondent had breached the implied term of trust and confidence when it failed to consult, failed properly to assess the roles, and failed properly to address the Claimant’s grievance and appeal. The employer appealed. The EAT found that the ET was entitled to find that the Claimant was constructively dismissed. However, in finding that the dismissal was unfair, the ET had failed to direct itself that this was a separate issue, failed to address the issue of reason for dismissal and fairness, and/or failed to give proper reasons for its conclusion that the dismissal was unfair. There was, in fact, no disagreement between the parties that, if there was a dismissal, the reason was redundancy. The case would be remitted to the ET (to the same Employment Judge) to determine whether the dismissal on grounds of redundancy was unfair. The claims of wrongful dismissal and for a redundancy payment remained to be heard in the ET.’

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3PB, 3rd August 2020

Source: www.3pb.co.uk

Redundancy pay to be protected for furloughed workers – BBC News

Posted July 30th, 2020 in coronavirus, news, redundancy, remuneration by sally

‘Furloughed workers losing their jobs will be eligible for redundancy pay based on their normal wages – not the furlough rate – from Friday.’

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BBC News, 30th July 2020

Source: www.bbc.co.uk

What is redundancy, who can be made redundant and what are my rights? – BBC News

Posted July 24th, 2020 in coronavirus, employment, news, redundancy by sally

‘Job losses are climbing as businesses feel the financial effects of the coronavirus crisis.

What are your rights if you are made redundant?’

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BBC News, 24th July 2020

Source: www.bbc.co.uk

Redundancy: Principles and Calculations Revisited – 33 Bedford Row

Posted July 10th, 2020 in chambers articles, company law, coronavirus, employment, news, redundancy by sally

‘This article has been prepared by two barristers at 33 Bedford Row outlining the basic principles in relation to redundancy as well as calculation of any redundancy payment.’

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33 Bedford Row, 30th June 2020

Source: www.33bedfordrow.co.uk

Covid-19: What Are My Redundancy Rights? – Each Other

Posted July 8th, 2020 in company law, coronavirus, employment, news, redundancy by sally

‘In the past week, thousands of people have lost their jobs across the UK due to the impact of Covid-19.’

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Each Other, 7th July 2020

Source: eachother.org.uk

Chancery Lane demands action to clear employment tribunals backlog – Local Government Lawyer

‘The Law Society has called for action to be taken to clear a backlog of cases in employment tribunals ahead of an anticipated “avalanche” of post-COVID claims.’

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Local Government Lawyer, 23rd June 2020

Source: www.localgovernmentlawyer.co.uk

Employment lawyers should brace for advice rush – Legal Futures

Posted June 16th, 2020 in citizens advice bureaux, coronavirus, employment, news, redundancy by sally

‘Employment lawyers could be about to see a surge in enquiries, with data from Citizens Advice showing that people are becoming increasingly concerned about redundancy.’

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Legal Futures, 16th June 2020

Source: www.legalfutures.co.uk

UK airlines launch legal battle over Covid-19 quarantine ruling – The Guardian

‘Britain’s three biggest airlines have started legal proceedings against the government in a bid to overturn quarantine rules due to take effect in the UK from Monday.’

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The Guardian, 7th June 2020

Source: www.theguardian.com

Changes to terms and conditions; Individual and Collective Redundancy Consultation – 3PB

‘With employees starting to return to work (be that on a part-time basis or otherwise) and employers continuing to assess the viability of their businesses as going concerns, how might employers make changes to an employees’ contractual terms lawfully in order to avoid redundancies, for instance agreeing a reduction in wages?’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Shut-down firm ordered to pay former staff £375,000 – Legal Futures

‘A law firm shut down by its regulator last year has been ordered to pay former staff £375,000 for multiple employment law breaches.’

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Legal Futures, 22nd May 2020

Source: www.legalfutures.co.uk

Return To Work During The Coronavirus Pandemic – Navigating Through The Employment Law Minefield – Hardwicke Chambers

‘With the recent announcement that lockdown measures are to be eased, and those who cannot work from home should return to work, we are likely to see a greater proportion of the workplace slowly return to work. The Prime Minister has announced that those in construction and manufacturing, scientific research, logistics and food production should return to work, once their employers have confirmed that it is safe for them to do so and set a “road-map” for the re-opening of shops, restaurants and other venues as well as workplace specific guidance for working safely during coronavirus.’

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Hardwicke Chambers, 14th May 2020

Source: hardwicke.co.uk

First update on collective consultation: defining the triggers – Littleton Chambers

‘In the first of what is planned to be five updates on collective consultation under the shadow of the coronavirus pandemic, David Reade QC and Daniel Northall examine the employer’s proposal for redundancy and the start of collective consultation.’

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Littleton Chambers, 11th May 2020

Source: littletonchambers.com

Redundancy and Coronavirus: Picking up the Pieces – Six Pump Court

Posted May 15th, 2020 in chambers articles, coronavirus, employment, news, redundancy by sally

‘Clearly recent events have had a huge impact on business and substantial changes to the nature and size of workforces is expected which will, unfortunately, require consideration of redundancies.’

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Six Pump Court, 11th May 2020

Source: www.6pumpcourt.co.uk

Redundancy and Coronavirus: Picking up the Pieces – Six Pump Court

‘Clearly recent events have had a huge impact on business and substantial changes to the nature and size of workforces is expected which will, unfortunately, require consideration of redundancies.’

Full Story

Six Pump Court, 11th May 2020

Source: www.6pumpcourt.co.uk