Hilaire v Luton Borough Council

Good morning Jaquiline and welcome back to our weekly case law update. Earlier this week we sent out our January update which had features on menopause, discrimination, parental leave during strikes and our seminar. This week we are looking at redundancy and disability discrimination.  The question this week is: Does requiring a disabled employee to attend [...]

Teixeira v Zaika Restaurant Ltd

Good morning  and welcome back to your weekly case law update. Last week we looked at unfair dismissal, specifically issues with reinstatement. This week we are looking at unfair dismissal again, however this time it is through the prism of redundancy and Polkey deductions. A Polkey deduction is when the tribunal reduces a Claimant's award [...]

Carillion v Benson and others (around 1000 others).

Carillion was a construction and facilities management company that crashed spectacularly in 2018, when it was placed into liquidation. This case concerns whether Carillion’s lack of redundancy consultation was unlawful. If your business is being placed into liquidation, when do you need to consult employees who may be made redundant? This was the question asked [...]

Bayfield and Jenner v Wunderman Thompson ( UK) Ltd

An Employment Tribunal decision involving an Ad Agency has highlighted the dangers for employers of taking an overly aggressive approach to reducing gender pay gaps. It also provides a reminder that all discrimination is unlawful, even where the victims are from a historically privileged group. With a high published gender pay gap, Wunderman Thompson’s creative [...]

Thomas and Others v FW Farnsworth Ltd (t/a Pizza Factory)

This week’s case looks at implied terms and when the payment of an enhanced redundancy payment as set out by a collective agreement will become a contractual term by way of ‘custom and practice’. This week’s case looks at implied terms and when the payment of an enhanced redundancy payment as set out by a [...]

Redundancy: A dip in the pool:

  In the final part of the series we look at whether you can exclude some jobs posts from being pooled for redundancy despite having the same job title and the same duties as others in the pool.   The short answer is yes provided the employer has a good reason for excluding some posts [...]

By |2021-06-11T07:12:13+00:00June 11th, 2021|Redundancy|0 Comments

Redundancy: Another dip in the pool

  In yesterday's post we saw that the law requires an employer to think about the issue of pool and provided the pool is reasonable the Employment Tribunal will not interfere. Jobs should be pooled by interchangeability.   In today's post we will look at geographically dispersed employees all performing the same role.  Let's use [...]

By |2021-06-10T06:06:20+00:00June 10th, 2021|Redundancy|0 Comments

Dipping our toe in the redundancy pool

      In good weather a dip in the pool is welcome. As the weather is good I will keep it brief. The law on redundacy pools is straightforward. Provided the employer has conisdered the issue then the choice of pool is not one an Employment Tribunal can substitute a view on.   The [...]

By |2021-06-09T06:24:52+00:00June 9th, 2021|Redundancy|0 Comments