Redundancy
We have heard this month that the budget store Wilko has collapsed, putting over 12,000 jobs at risk. With administrators being appointed the public dissection of the store has begun. Despite their presence on a lot of high streets, the competition has left the stores struggling against discount shops like B&M, who have been [...]
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 [...]
Whilst the minimum wage rates have been announced we are still yet to hear what the statutory rates will be increasing by. However, given the minimum wage rates have risen by 10% I would not be surprising to see other rates rise by a similar amount. For redundancy pay this would likely take the cap [...]
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 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 [...]
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 [...]
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 [...]
Despite there being no signs of Kevin every applying himself at work, he always seems remarkably well informed and well read. He's just lazy and will do as little as he can get away with at work, without sounding any klaxons in HR. Selecting Kevin for redundancy requires some forethought. He's always five moves [...]
Kevin is a slippery customer, he'll wriggle free if you allow him. You need to nail him down. If Kevin is selected for redundancy he'll find any flaws in your redundancy work whilst turning a blind eye to his own lamentable work performance. It is essential that a redundancy exercise that selects Kevin is [...]
In part one we looked at employees like Kevin who were always one step ahead of HR, always one absence away from triggering a bradford factor review, and forever waiting until warnings expire before going on the naughty step again. Selecting a Kevin for redundancy is a tough task. He's well known for having [...]
You know Kevin, the employee who is always one step ahead of HR, cruising at a very low altitude but high enough to keep him out of procedure,having no desire to be a high flier, taking his share of sick days, but never going the extra inch let alone mile, keeping a keen [...]
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 [...]
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 [...]
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 [...]
