REDUNDANCY - 06.03.2024
Failure to consider selection pool made redundancy unfair
The Employment Appeal Tribunal has held that an employee’s redundancy dismissal was unfair because her employer hadn’t considered whether she should be placed in a wider selection pool. What did the employer do wrong here?
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DISMISSAL - 28.02.2024
Is it easy to dismiss short-service employees?
Employees with less than two years’ continuous service can’t generally claim unfair dismissal, so it can be relatively easy to dismiss them. But what risks do you need to be aware of before you decide to implement such a dismissal?
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REDUNDANCY - 07.02.2024
Some employees to gain extended redundancy protection
The right to be offered a suitable alternative vacancy on redundancy is to be extended from 6 April 2024 to cover pregnant employees and those recently returned from maternity, adoption or shared parental leave. What are the implications?
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SETTLEMENT AGREEMENTS - 07.02.2024
Q&A - settlement of unknown future claims
Q. Can a settlement agreement be used to settle future claims that have not yet arisen at the date of the agreement? A. Yes. In yr.24, iss.22, pg.7 , we reported on an Employment Appeal Tribunal (EAT) decision that unknown future discrimination claims can’t be settled by a settlement agreement. The Scottish Court of Session (equivalent to the English Court of Appeal) has now reversed the EAT’s decision in Technip Singapore PTE Ltd v Bathgate 2023 and ruled that the Equality Act 2010 does permit a settlement agreement to be used to settle unknown future claims, provided the types of claim are clearly identified and the wording used covers the relevant claims (see The next step ). Tip....
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REDUNDANCY - 25.01.2024
Lack of early consultation made redundancy unfair
The Employment Appeal Tribunal has ruled that an employee’s dismissal for redundancy, in a small-scale redundancy exercise, was unfair due to the absence of early general workforce consultation. Where did the employer go wrong?
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UNFAIR DISMISSAL - 09.01.2024
Unfairly dismissed over unfounded criminal allegations
An employee who was sacked after a colleague found a video of him being confronted by paedophile hunters has won his claim for unfair dismissal and been awarded over £21,000. Where did the employer go wrong?
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