REDUNDANCY - 21.10.2020
Redundancy dismissal was not unfair
The Employment Appeal Tribunal has ruled that an employer’s failure to place a redundant employee on its list of bank workers didn’t make his dismissal unfair. Why?
REDUNDANCY - 07.10.2020
Redundancy pay if an employee fails to work their notice
If an employee is under notice of redundancy, they may want to leave your employment early, before their notice period expires, perhaps to start a new job. If they do, are they still entitled to receive a statutory redundancy payment (SRP)?
REDUNDANCY - 24.09.2020
Alternative employment was constructive dismissal
An employee who was given a new job role during a restructuring process has successfully claimed constructive dismissal. Why was this the outcome if she was being offered alternative employment instead of redundancy?
REDUNDANCY - 23.09.2020
Is it safe to make enhanced redundancy payments?
If you want to pay more than statutory redundancy pay to any employees who are being made redundant as a result of the coronavirus pandemic, you can do so. However, what considerations should you bear in mind?
REDUNDANCY - 17.09.2020
Government clarifies redundancy payments
Statutory redundancy pay, salary in lieu of notice and notice pay must all be paid at pre-furlough pay levels, not the 80% rate. The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 apply to employees whose contract is drawn up under the Employment Rights Act 1996 . Employees in Northern Ireland may not be protected as their contract may be issued under the equivalent legislation - the Employment Rights (Northern Ireland) Order 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations (Northern Ireland) 2020 which was effective on 14 August 2020. The new legislation also applies to compensation that could be awarded by a tribunal if there has been a breach of employment rights. Employers can claim under the Coronavirus Job Retention Scheme for employees who are serving their notice up to the 80% level but must top this up at their own cost to 100%. ...
REDUNDANCY - 17.09.2020
Q&A - when must we collectively consult?
Q. If we are considering making redundancies, at what point is the duty to collectively consult with employees triggered? A. The duty to collectively consult only arises when you are proposing to make 20 or more redundancies at one “establishment” within a period of 90 days or less. Establishment means “the entity to which the employees are assigned to carry out their duties” , not the employer’s organisation as a whole. Where: (1) 20 to 99 employees are affected, collective consultation must commence at least 30 days before the first dismissal is to take effect; and (2) 100 or more employees are affected at the same establishment, collective consultation must commence at least 45 days before the first dismissal is to take effect. The collective consultation process should be fully completed before any notices of termination of employment are served. It must also include consultation about ways of avoiding the proposed redundancy dismissals and reducing the number of employees to be made redundant. Our collective redundancy information and consultation checklist sets out the steps you must take (see The next step ). ...