Redundancy

New and updated

• Type:

  FAQs

  In a redundancy situation, can there be more than one trial period regarding suitable alternative work?

• Type:

  FAQs

  In a redundancy situation, can an employee refuse an offer of suitable alternative employment?

• Date:

  1 June 2004

  Type:

  Employment law cases

  Susie Radin v GMB

  In Susie Radin v GMB and others [2004] IRLR 400 CA, the Court of Appeal held that the employment tribunal had not erred in making a protective award for the maximum period of 90 days in respect of the employers' failure to consult with the union over a proposal to close a factory and dismiss all employees as redundant, notwithstanding the tribunal's finding in relation to the employees' claims of unfair dismissal that, in those circumstances, consultation would have been futile.

• Date:

  1 January 2004

  Type:

  Employment law cases

  Solectron Scotland Ltd v Roper and others

  In Solectron Scotland Ltd v Roper and others [2004] IRLR 4 EAT, the Employment Appeal Tribunal held that the employment tribunal did not err in finding that enhanced redundancy terms over and above what was paid to the applicants on their dismissal, which formed part of their contracts of employment with their previous employer, BT, and to which they were entitled by virtue of the Transfer of Undertakings Regulations 1981, had not been removed by custom or practice.

• Date:

  19 December 2003

  Type:

  Employment law cases

  Collective redundancies: "Proposal to dismiss" was made when directors approved decision

  In Dewhirst Group v GMB Trade Union, the EAT affirms that the statutory duty under UK law to consult with employee representatives in relation to collective redundancies is triggered at the point at which a "proposal" to dismiss employees is made.

• Type:

  Employment law cases

  Case round-up

  Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

• Type:

  Employment law cases

  Case round-up

  Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

• Date:

  10 January 2003

  Type:

  Employment law cases

  Contracts of employment: Contractual entitlement to enhanced redundancy terms arose by custom and practice

  In Albion Automotive Ltd v Walker and others, the Court of Appeal upholds an employment tribunal's decision that an employer who made enhanced redundancy payments according to an agreed policy for a number of years created a custom and practice from which the tribunal could infer that the employer and/or its successors intended to be contractually bound to make those payments.

• Type:

  FAQs

  Can an employer require fixed-term employees to sign a redundancy waiver?

• Date:

  1 August 2002

  Type:

  Employment law cases

  Transfer of undertakings: Early retirement pension paid on redundancy dismissal not excluded by TUPE

  Early retirement and enhanced benefits paid on dismissal for redundancy to employees who have reached a certain age are not "old-age, invalidity or survivors' benefits" within the meaning of article 3(4) of the EC Business Transfers Directive, even if those benefits were calculated by reference to the rules for calculating normal pension benefits, holds the European Court of Justice in Beckmann v Dynamco Whicheloe Macfarlane Ltd.