Tag Archives: collective 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: 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
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
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
Employment law reform: collective redundancy consultation
The government is consulting until 19 September on proposals aimed at “revitalising” the collective redundancy rules. The key suggested reform is to reduce the minimum period from the start of consultation to the dismissal taking effect where there are 100 … Continue reading
Filed under Employment law reforms, Jurisdiction: UK, Redundancy, TUPE
Mass redundancies in EMEA
Recent times have seen regular announcements of mass redundancies, more often than not from a company with global operations. These companies face the daunting challenge of analysing and comparing employee rights under the different legal regimes and co-ordinating the headcount … Continue reading
France: important Supreme Court decision – the absence of economic grounds will give rise to damages, but the dismissals will still be effective
The French Supreme Court today handed down an important decision for French employers considering collective redundancies. It held that in the absence of real and serious economic grounds, the dismissed employees will be entitled to damages payments, but cannot obtain … Continue reading
Filed under Jurisdiction: France, Redundancy