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- Type:
- FAQs
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- Date:
- 22 November 2008
- Type:
- Employment law cases
In Rolls-Royce v Unite [2008] EWHC 2420 HC, the High Court held that two collective agreements that set out an approach to redundancy giving points for length of service in the selection process were lawful under the age discrimination legislation.
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- Date:
- 29 August 2008
- Type:
- Employment law cases
In Haine and another v Day [2008] IRLR 642, the Court of Appeal held that a protective award made after the employer company went into liquidation in respect of its failure to consult before making collective redundancies was a provable, and therefore potentially recoverable, debt.
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- Type:
- FAQs
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- Type:
- FAQs
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- Date:
- 29 May 2008
- Type:
- Employment law cases
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.
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- Date:
- 9 May 2008
- Type:
- Employment law cases
In Ralph Martindale & Co Ltd v Harris EAT/0166/07, the EAT held that a redundancy dismissal was unfair where the process for deciding who should be offered an alternative post involved no objective criteria and no attempt to assess the candidates against a job description. It was unfair for the employer to rely mainly on a subjective assessment of whose management style would best suit the new post.
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- Date:
- 14 April 2008
- Type:
- Employment law cases
In Davies v Farnborough College of Technology [2008] IRLR 14, the EAT held that a dismissal that involved a breach of step two of the statutory dismissal and disciplinary procedure was automatically unfair, even though a full and proper appeal had been heard. The tribunal was wrong to find that the appeal "cured" the defect in the original hearing. However, it was clear that a dismissal would have occurred even if the procedure had been properly followed, so the compensatory award was set at zero.
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- Date:
- 27 February 2008
- Type:
- Employment law cases
This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.
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- Date:
- 25 February 2008
- Type:
- Employment law cases
In Hutchins v Permacell Finesse Ltd (in administration) EAT/0350/07, the EAT held that the starting point for determining a protective award is 90 days' pay, even where fewer than 100 redundancies are involved and the minimum consultation period is 30 days.