Redundancy

New and updated

• Type:

  Employment law cases

  Case roundup: Unfair dismissal and redundancy

  This week's case roundup, covering unfair dismissal and redundancy procedures laid down in collective agreements.

• Type:

  Employment law cases

  Tribunal may leave some stones unturned

  The Court of Appeal gives important guidance on how far tribunals need to go in exploring the circumstances of a claim. Plus cases on protected disclosure, redundancy selection, discrimination by an agent, working time exemptions and constructive dismissal.

• Date:

  15 September 2001

  Type:

  Employment law cases

  Redundancy: Reorganisation of duties did not result in redundancy

  The Court of Appeal holds in Shawkat v Nottingham City Hospital NHS Trust that an employment tribunal was entitled to its conclusion that a reorganisation of the employee's duties to require him to carry out different work in part of his time, while it amounted to the imposition of unreasonable duties upon him which he had reasonably declined to carry out, did not mean that he was redundant.

• Date:

  1 August 2001

  Type:

  Employment law cases

  Collective redundancies: Employer failed to consult unions about ways of avoiding collective redundancies

  In Middlesbrough Borough Council v Transport and General Workers' Union and another, the EAT upholds an employment tribunal's finding of fact that an employer failed to consult representatives of two trade unions that it recognised, in respect of more than 100 employees whom it was proposing to make redundant within 90 days, about ways of avoiding the dismissals.

• Type:

  FAQs

  What should redundancy consultation be about?

• Type:

  FAQs

  In what circumstances might an employee be entitled to a redundancy payment?

• Date:

  1 September 2000

  Type:

  Employment law cases

  Collective redundancies: Imposition of new terms constituted proposed "dismissal as redundant"

  An employer that gave notice to terminate employees' existing contracts of employment, and offered to re-engage them on new terms, had a duty to consult employee representatives before imposing the new terms, holds the EAT in GMB v Man Truck & Bus UK Ltd.

• Date:

  1 September 2000

  Type:

  Employment law cases

  Scotch Premier Meat Ltd v Burns and others

  In Scotch Premier Meat Ltd v Burns and others [2000] IRLR 639 EAT, the EAT held that an employment tribunal had not erred in holding that the employers were "proposing to dismiss as redundant 20 or more employees" within the meaning of s.188 of the Trade Union and Labour Relations (Consolidation) Act, notwithstanding that, as an alternative option, they were considering selling the business as a going concern.

• Date:

  1 August 1999

  Type:

  Employment law cases

  Redundancy: Definition of redundancy entails factual inquiry

  In Murray and another v Foyle Meats Ltd, the House of Lords holds that the language of the statutory definition of redundancy asks two questions of fact. The first is whether or not one or other of various states of economic affairs exists, and the second is whether or not the dismissal is attributable, wholly or mainly, to that state of affairs.

• Date:

  15 January 1999

  Type:

  Employment law cases

  Contracts of employment: Employer was entitled to make long-term sick employee redundant

  In Hill v General Accident Fire and Life Assurance Corporation plc, the Outer House of the Court of Session holds that there was no breach of the implied duty of mutual trust and confidence when an employer made an employee redundant while he was in receipt of contractual sick pay and had a prospective contractual entitlement to long-term sickness benefit.