“Civil service unions are threatening strike action after the government announced a ‘non-negotiable’ new redundancy deal that will reduce pay-outs for compulsory redundancies from a maximum of more than six years to just one year.”
The Guardian, 6th July 2010
Source: www.guardian.co.uk
“The government was today (5 July) accused of declaring war on trade unions as ministers moved to cut the redundancy terms of public sector workers and reports emerged of plans to tighten up the law on strike ballots.”
The Guardian, 5th July 2010
Source: www.guardian.co.uk
“The TUC has condemned new proposals from the powerful business lobby group CBI to make it harder for workers to strike as ‘a charter for exploitation at work’.”
The Guardian, 21st June 2010
Source: www.guardian.co.uk
“Earlier this month, the Public and Commercial Services Union challenged the government’s attempts to reduce the level of redundancy pay for civil servants, and won. The case has been hailed as a ‘major victory’, but it may not be the triumph it first appears.”
The Guardian, 28th May 2010
Source: www.guardian.co.uk
“A male lawyer was wrongfully sacked because bosses were worried they would be sued if they fired his female counterpart while she was on maternity leave, it emerged yesterday.”
The Independent, 19th May 2010
Source: www.independent.co.uk
“National firm Eversheds last week lodged an appeal against an Employment Tribunal ruling that it must pay £123,300 in compensation to a male associate who suffered sexual discrimination during the firm’s 2009 redundancy programme.”
Law Society’s Gazette, 13th May 2010
Source: www.lawgazette.co.uk
“A union today won its court case to block cost-cutting measures that threaten the level of redundancy pay for civil servants. Lawyers for the Public and Commercial Services Union (PCS) successfully argued that changes made to the Civil Service Compensation Scheme without agreement were unlawful.”
The Guardian, 10th May 2010
Source: www.guardian.co.uk
“Female bankers should not take offence when confronted with sexist remarks in the workplace, a tribunal has ruled.”
Daily Telegraph, 15th April 2010
Source: www.telegraph.co.uk
Rolls Royce plc v Unite the Union
Court of Appeal
“Length of service was a lawful criterion for selection for redundancy since it achieved a legitimate aim by a proportionate means.”
The Times, 27th May 2009
Source: www.timesonline.co.uk
Rolls Royce plc v Unite the Union [2009] EWCA Civ 387
“A length of service criterion within the selection matrix for redundancy selection, contained in collective agreements between a company and a workers’ union, was not in breach of the Employment Equality (Age) Regulations 2006, in that the inclusion of the criterion was a ‘proportionate means of achieving a legitimate aim’ within reg 3(1)(b).”
WLR Daily, 19th May 2009
Source: www.lawreports.co.uk
Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Employers are increasingly using drug testing to get rid of staff without having to make redundancy payouts, as a way of cutting costs during the recession, a charity has said.”
The Guardian, 18th May 2009
Source: www.guardian.co.uk
“Companies can take employees’ length of service in to consideration when choosing who should be made redundant, the Court of Appeal said today, in a ruling that will protect older workers in the current downturn.”
The Times, 14th May 2009
Source: www.timesonline.co.uk
Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Another
Court of Appeal
“A person who was a majority shareholder and director of a company could also be an employee of that company under a contract of employment, even if he had total control of the company.”
The Times, 10th April 2009
Source: www.timesonline.co.uk
“Thousands of workers made redundant by major City institutions could have a legal claim without realising it, according to lawyers.”
The Times, 7th April 2009
Source: www.timesonline.co.uk
“Simon Davies, Linklaters’ managing partner, says that the good times will return to big City firms – but in a different guise.”
The Times, 2nd April 2009
Source: www.timesonline.co.uk
“Struggling companies seeking to cut staff are avoiding the cost of redundancy payments by sacking workers for spurious reasons or falsely claiming they face only a temporary layoff, figures from advice groups and tribunals show.”
The Guardian, 16th February 2009
Source: www.guardian.co.uk
“Clifford Chance, the world’s largest law firm by revenues, has begun a redundancy consultation that could see up to 80 lawyers losing their jobs in London.”
The Times, 8th January 2009
Source: www.timesonline.co.uk
Court of Appeal
“Protective awards made by an employment tribunal following the failure of a company to comply with its statutory obligation to consult concerning collective redundancies before going into liquidation were contingent debts of the company and therefore provable debts in the liquidation.”
The Times, 22nd July 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Hundreds of steelworkers who lost their jobs in Newport will receive a share of nearly £2m in redundancy money.”
BBC News, 13th June 2008
Source: www.bbc.co.uk
Day v Haine and another [2008] EWCA Civ 626; [2008] WLR (D) 188
“Where a company had failed to comply with its statutory obligation to consult its workforce before going into liquidation and subsequently protective awards were made by an employment tribunal, the obligation had arisen before the liquidation and the protective awards were therefore contingent debts of the company within rr 12.3 and 13.12 of the Insolvency Rules 1986 and provable in the liquidation. Moreover, the failure to consult concerning collective redundancies also infringed European law which the United Kingdom was under a duty to implement and to ensure that the penalty for infringement would be effective, proportionate and dissuasive.”
WLR Daily, 12th June 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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