Redundancy

New and updated

• 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.

• Date:

  15 June 2002

  Type:

  Employment law cases

  Redundancy consultation: Conflicting UK and EU rules on redundancy consultation

  In MSF v Refuge Assurance plc and United Friendly Assurance, the EAT holds that the statutory duty under UK law to consult with employee representatives in relation to collective redundancies is triggered when there is an actual "proposal" to dismiss employees.

• 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

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