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.’

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No. 5 Chambers, 19th September 2014


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.’

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The Guardian, 20th July 2014


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.’

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UK Human Rights Blog, 23rd April 2014


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


Final TUPE amendment regulations provide “welcome clarification”, but uncertainties remain, says expert –

Posted January 16th, 2014 in contract of employment, employment, news, redundancy, regulations, trade unions by tracey

‘Companies can now start “looking in earnest” at how to make changes to the regime governing protections for employees transferring to a new employer after the publication of final regulations clarified some outstanding questions about the new regime, an expert has said.’

Full story, 15th January 2014


Government publishes TUPE amendment regulations – No. 5 Chambers

Posted December 12th, 2013 in employment, news, redundancy, regulations, transfer of undertakings by sally

‘As predicted in our autumn newsletter, the Government has now published its proposed amendments to TUPE.’

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No. 5 Chambers, 4th December 2013


Back & forth – New Law Journal

Posted December 12th, 2013 in employment, employment tribunals, fees, news, redundancy, tribunals by sally

‘Chris Bryden & Michael Salter discuss some of the key developments of 2013 & share a few predictions.’

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New Law Journal, 11th December 2013


Dansk Jurist-og Økonomforbund (acting on behalf of Toftgaard) v Indenrigs-og Sundhedsministeriet (Centralorganisationernes Fællesudvalg and others intervening) – WLR Daily

Posted October 1st, 2013 in age discrimination, civil servants, EC law, employment, law reports, redundancy by sally

Dansk Jurist-og Økonomforbund (acting on behalf of Toftgaard) v Indenrigs-og Sundhedsministeriet (Centralorganisationernes Fællesudvalg and others intervening) (Case C-546/11); [2013] WLR (D) 360

“Article 6(2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment applied only to retirement or invalidity benefits under an occupational social security scheme.”

WLR Daily, 26th September 2013


Termination or Mutual Separation? – No. 5 Chambers

Posted September 19th, 2013 in contract of employment, employment, employment tribunals, news, redundancy by sally

“Louise Corfield looks at what happens when decisions to terminate an employee overlap with a mutual separation.”

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No. 5 Chambers, 16th September 2013


Change to UK collective redundancy laws “inevitable”, says expert, as Government granted leave to appeal Woolworths case –

Posted September 18th, 2013 in appeals, consultations, EC law, employment tribunals, news, redundancy by sally

“The Government is not guaranteed a ‘favourable outcome’ in its appeal of a tribunal’s finding that consultation requirements under the collective redundancy rules were triggered when retailers made redundancies in multiple shops, an expert has said.”

Full story, 17th September 2013


Countess fired housekeeper over pregnancy, tribunal told – The Guardian

Posted August 6th, 2013 in damages, employment tribunals, news, pregnancy, redundancy, unfair dismissal by sally

“Housekeeper at Surrey home of Maya Von Schoenburg, former wife of Mercedes-Benz heir, awarded £19,000 in damages.”

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The Guardian, 5th August 2013


Woolworths collective redundancy verdict renders “establishment” concept irrelevant, says expert –

Posted June 4th, 2013 in appeals, consultations, employment tribunals, news, redundancy by sally

“Employers seeking to make redundancies at multiple business locations could be forced to consult employees on their plans following a recent Employment Appeal Tribunal (EAT) decision, an expert has said.”

Full story, 3rd June 2013


State of the sector report: one in three legal aid practitioners fearful of redundancy – Legal Voice

Posted April 5th, 2013 in legal profession, news, redundancy, reports by sally

“Nearly one in three civil legal aid practitioners reckon the LASPO cuts leave them at risk of redundancy. A report drawing on an on-line survey of 674 individuals working in legal aid found that almost two-thirds of specialist advisers felt at risk of redundancy (63.4%) and almost half of those fearing redundancy (44.8%) had more than 10 years’ experience.”

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Legal Voice, 5th April 2013


New rules to cut unfair dismissal payments – The Guardian

Posted March 25th, 2013 in bills, compensation, news, redundancy, unfair dismissal by sally

“A raft of changes to the way your employer can treat you will be introduced this summer in a bill that, critics say, will make it quicker and cheaper to sack staff.”

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The Guardian, 23rd March 2013


Military staff fear redundancy if they complain about bullying, says report – The Guardian

Posted February 26th, 2013 in armed forces, bullying, complaints, harassment, news, redundancy, reports, unfair dismissal by sally

“Defence select committee review urges appointment of Armed Forces Ombudsman to oversee cases of victimisation.”

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The Guardian, 26th February 2013


Enhanced redundancy payments to older workers were justified, says tribunal –

Posted February 8th, 2013 in age discrimination, news, redundancy by sally

“Enhanced redundancy payments made to workers over the age of 35 were not discriminatory because they reflected the extra problems older workers face when losing their jobs, a tribunal has said.”

Full story, 7th February 2013


Redundancy notice period to be cut from 90 to 45 days – BBC News

Posted December 18th, 2012 in employment, news, notification, redundancy by sally

“The period of notice which employers have to give before making large-scale redundancies is to be cut from 90 to 45 days.”

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BBC News, 18th December 2012


Home Office relaxes settlement rules for foreign troops serving in army – The Guardian

Posted November 22nd, 2012 in armed forces, disciplinary procedures, immigration, news, redundancy by tracey

“Rules barring foreign and Commonwealth troops serving in the British armed forces from settling in the UK if they incur minor disciplinary convictions are to be relaxed. The Home Office will announce on Thursday that personnel with only minor disciplinary convictions will be able to stay on in Britain after they leave the services, Channel 4 News reported.”

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The Guardian, 22nd November 2012


Government of the United States of America v Nolan (Case C-583/10) – WLR Daily

Posted October 23rd, 2012 in armed forces, EC law, jurisdiction, law reports, recusal, redundancy by sally

Government of the United States of America v Nolan (Case C-583/10); [2012] WLR (D) 280

“Since civilian employees at a military base were covered by the exemption from the provisions of Council Directive 98/59/EC provided by article 1(2)(b), the Court of Justice of the European Union did not have jurisdiction, on a reference in proceedings concerning dismissals resulting from a strategic decision concerning the closure of a military base, to give an interpretation of the provisions of that Directove, even though domestic law implemented it.”

WLR Daily, 18th October 2012


Discrimination against armed forces could become illegal – The Guardian

Posted July 2nd, 2012 in armed forces, bills, employment, news, redundancy by sally

“Discrimination against armed forces veterans could become against the law after the government agreed to cross-party talks aimed at giving new rights to protect former members of the military.”

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The Guardian, 2nd July 2012