Redundancy
UK: care needed when using pre-existing employee body for collective redundancy consultation
Employers contemplating using an existing employee consultative body for collective redundancy consultation, rather than organising elections for ad hoc representatives, should carefully consider the body’s terms of reference to determine whether it is appropriate. The EAT has recently upheld an … Continue reading
Filed under Jurisdiction: UK, Redundancy
UK: Redundancy: can be reason for dismissal notwithstanding performance/conduct concerns
Employers may be able to establish that the reason for a dismissal is redundancy even if they also have concerns about an employee’s performance or conduct. Two recent cases have illustrated that, provided there is a genuine redundancy situation, some … Continue reading
Filed under Jurisdiction: UK, Redundancy
UK: April 2013 changes: collective redundancy, statutory pay rates, injury to feelings and mental health
The minimum period between starting consultation on 100 or more proposed redundancies and the first dismissal taking effect has been reduced from 90 days to 45 days. The Secretary of State must also be notified of the proposals at the … Continue reading
UK: TUPE/collective redundancies: employers must provide agency worker information
In October 2011 the obligations to provide information to union/ employee representatives on a TUPE transfer or when proposing collective redundancies were amended to require information to be given about the employer’s use of agency workers throughout its business. A … Continue reading
Filed under Jurisdiction: UK, Redundancy, TUPE
UK: Redundancy: use of competency assessment as selection criterion was unfair
Selection for redundancy based mainly on performance in a competency assessment carried out by HR, without reference to past appraisals or input from line managers, is likely to be unfair. The EAT ruled that an employer persisting with this approach … Continue reading
Filed under Jurisdiction: UK, Redundancy, Termination of employment
Spain: Collective dismissals based on objective grounds
Evidence of the cause for dismissal, compliance with information or documentation obligations The High Labour Court of Madrid rendered two decisions, on 30 May 2012 (415/2012) and 11 July 2012 (542/2012), regarding the evidence presented as to the founding grounds … Continue reading
Filed under Jurisdiction: Spain, Redundancy
Collective redundancy: UK government confirms plans for reform from April 2013
The government has today published its response to the consultation on changes to collective redundancy law. It has announced plans to: reduce the current 90 day minimum period between starting consultation and the first dismissal taking effect, for 100 or more … Continue reading
Filed under Employment law reforms, Redundancy
Europe: Collective redundancy consultation: ECJ fails to rule on trigger due to lack of jurisdiction
Uncertainty remains over the trigger point for collective redundancy consultation where a strategic business decision foreseeably or inevitably leads to redundancies. It had been hoped that the ECJ would provide some much needed clarity on this issue following the Advocate-General’s … Continue reading
Spain: Judicial control of grounds for dismissal (individual or collective)
In relation to judicial control over the grounds for dismissal, Labour Court 3 of Pamplona, in a decision rendered on 27 September 2012, rejected the claim submitted by two employees who were dismissed for objective reasons. Indeed, Act 3/2012, following … Continue reading
Filed under Jurisdiction: Spain, Redundancy
Legislative proposals: draft EU redundancy proposals
In mid-August the Telegraph reported the publication of draft proposals by the European Parliament on restructuring and redundancies, including a requirement for employers to measure the “psycho-social health” of employees and, where there is a significant deterioration in an employee’s … Continue reading