Krishna Santra, Linda Quinn and Colin Makin are senior associates and Melissa Powys-Rodrigues and Dominic Speedie are associates at Colman Coyle Solicitors. They round up the latest rulings.
Amanda Steadman is a professional support lawyer and Ed Gregory, Rosie Kight and Joanne Magill are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
Victoria Bell is managing associate and Gerri Hurst, Carly Mather and Andrew Nealey are associates and Eleanor Cittern is a trainee solicitor at Addleshaw Goddard LLP.
The Employment Appeal Tribunal has rejected a council's claim that it was required by an enactment to place a cap on the redundancy pay of an older worker who had reached civil service pension age.
This unusual breach of contract case involving pilots who sought to be repaid loans that they made to an airline provides a useful reminder for employers of the definition of redundancy.
The Employment Appeal Tribunal has held that a voluntary redundancy scheme that provided different severance payments for two different age groups of employees was not age discriminatory because the differential treatment was justified.
The Employment Appeal Tribunal has affirmed the employment tribunal's decision that an employee, who was dismissed because of the employer's downturn in work and consequent reduction in the hours to be worked, was dismissed by reason of redundancy, even though there was no reduction in the employees required.
In Kraft Foods UK Ltd v Hastie EAT/0024/10, the EAT held that a contractual redundancy scheme that capped payments at the total amount of earnings that the employee would have received prior to retirement was justified as a proportionate means of preventing redundant employees from receiving a windfall.
The Employment Appeal Tribunal has held that, when deciding whether or not a redundant employee's refusal of an offer of suitable alternative employment is reasonable, an employment tribunal is entitled to take into account the degree of suitability of the new job.