Category: redundancy

University and College Union v University of Stirling – WLR Daily

Posted May 11th, 2015 in consultations, dismissal, law reports, redundancy, trade unions, transfer of undertakings, universities by sally

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

Posted April 30th, 2015 in appeals, consultations, employment, law reports, redundancy, Scotland, Supreme Court, trade unions, tribunals, universities by sally

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

Posted February 18th, 2015 in appeals, contracts, employment, news, redundancy, sick leave, transfer of undertakings, unfair dismissal by sally

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

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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.’

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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.’

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Cloisters, 12th December 2014

Source: www.cloisters.com

Lawful Age Discrimination? – No. 5 Chambers

Posted September 24th, 2014 in age discrimination, appeals, employment, employment tribunals, news, redundancy, retirement by sally

‘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

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.’

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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.’

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UK Human Rights Blog, 23rd April 2014

Source: www.ukhumanrightsblog.com

United States of America v Nolan – WLR Daily

Posted February 7th, 2014 in consultations, EC law, law reports, redundancy, trade unions, transfer of undertakings by tracey

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

Final TUPE amendment regulations provide “welcome clarification”, but uncertainties remain, says expert – OUT-LAW.com

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.’

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OUT-LAW.com, 15th January 2014

Source: www.out-law.com

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

Source: www.no5.com

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

Source: www.newlawjournal.co.uk

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

Source: www.iclr.co.uk

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

Source: www.no5.com

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

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.”

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OUT-LAW.com, 17th September 2013

Source: www.out-law.com

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

Source: www.guardian.co.uk

Woolworths collective redundancy verdict renders “establishment” concept irrelevant, says expert – OUT-LAW.com

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.”

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OUT-LAW.com, 3rd June 2013

Source: www.out-law.com

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

Source: www.legalvoice.org.uk

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

Source: www.guardian.co.uk