Redundancy

New and updated

• Type:

  Employment law cases

  "Yoda" nickname among evidence of age bias against older worker made redundant

  The employment tribunal held that the employer discriminated against the claimant on the ground of age by making him redundant because he was close to retirement. The tribunal drew an inference of age bias against the claimant from workplace banter related to age, including colleagues nicknaming him "Yoda".

• Type:

  Employment law cases

  Case round-up

  Carly Mather, Lydia Newman and Amy Ross-Sercombe are associates and Amanda Steadman is a professional support lawyer at Addleshaw Goddard LLP. They round up the latest rulings.

• Type:

  Employment law cases

  EAT revisits definition of "establishment" for collective redundancy consultation

  The Employment Appeal Tribunal has provided a reminder of how "establishment" should be defined for the purposes of consulting collectively on redundancies under s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992. 

• Type:

  Quick reference

  Automatically unfair reasons for selection for redundancy

  A table setting out the automatically unfair reasons for selection for redundancy.

• Type:

  Employment law cases

  Case round-up

  Georgina Kyriacou and David Malamentenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.

• Date:

  26 September 2012

  Type:

  Employment law cases

  Age discrimination: Decision on age grounds to issue dismissal notice to redundant employee prior to formal consultation was justified

  In Woodcock v Cumbria Primary Care Trust [2012] IRLR 491 CA, the Court of Appeal held that the employer was justified in issuing a redundancy dismissal notice to an employee prior to formal consultation so as to avoid his remaining in its employment until his 50th birthday.

• Date:

  13 September 2012

  Type:

  Employment law cases

  TUPE: Harmonisation after a redundancy process did not constitute an ETO reason entailing changes in the workforce

  The Employment Appeal Tribunal has held that the tribunal was correct to find that the respondent did not have an economic, technical or organisational (ETO) defence in respect of the two claimants, who were dismissed as a result of harmonisation following a post-TUPE transfer redundancy process. 

• Type:

  Employment law cases

  Case round-up

  Sarah Wade, Rosie Kight, Amy Ross-Sercombe, Kate Edminson and Lydia Newman are associates at Addleshaw Goddard LLP. They round up the latest rulings.

• Date:

  28 August 2012

  Type:

  Employment law cases

  Restriction of redundancy pool to one employee must fall within "range of reasonable responses"

  The Employment Appeal Tribunal has held that, where the employer put an employee into a redundancy "pool of one" and did not consider the possibility of putting a wider pool of employees at risk of redundancy, the employment tribunal did not properly consider whether or not restricting the pool to one fell within the "range of reasonable responses". 

• Date:

  5 July 2012

  Type:

  Employment law cases

  Reduction in headcount not necessary for redundancy

  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.