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Not so voluntary redundancy?
© Workplace Law Group 2008 All rights reserved Not so voluntary redundancy? Not so voluntary redundancy? With the current economic downturn, many employers have been forced to consider rationalising staff numbers. Given the negative publicity and political constraints that may surround the official announcement of redundancies, particularly in the public sector, some emp...
News analysis | 13 Oct 2008
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Do voluntary redundancies count as dismissals for collective consultation purposes?
...tions (Consolidation) Act 1992, an employer must consult collectively about redundancies where it proposes to dismiss 20 or more employees at one establishment. The employer sought volunteers for redundancy and at the same time HR carried out a selection process. On the 13 April 2006 the employer notified 17 employees that they were at risk of compulsory redundancy as a result of the selection process. Subsequently on 20 April 2006 the employer accepted three volunteers for redundancy. The Union alleged that the collective consultation requirements were engaged, as the employer proposed to mak...
Case | 17 Jul 2007
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Reality bites: managing in a recession
...ss to telephone support and online advice 24 hours a day, seven days a week. If you are an employer who is not a premium member but would like to discuss your organisation's needs please contact us in total confidence. For confidential advice tel. 0871 777 8881 Email jenny.piggott@workplacelaw.net Not so voluntary redundancy? Some employers offer voluntary severance to employees as a more palatable alternative to compulsory redundancies. However, employers must bear in mind that volunteers for redundancy are frequently regarded in law as dismissed by reason of redundancy, and employers will therefore be required to com...
Magazine issue | 6 Nov 2008
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Age discrimination - EAT tackles redundancy schemes again
...nt, who was 61, claimed that the scheme directly discriminated against him on grounds of age. The respondent accepted that the scheme treated older workers less favourably but argued that the age restrictions were justified as a proportionate means of achieving a legitimate aim and were, therefore, not unlawful.The reason for excluding those aged 60 or over was linked to the fact that they were entitled to take their benefits under the company's pension scheme at the age of sixty. Indeed until the mid 1990s, retirement at 60 within the business had been compulsory. When that rule was in place, em...
Case | 4 Aug 2008
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DDA: not only those with disability are protected from discrimination
It has for some time been the case that is unlawful to discriminate against an individual on the grounds of someone else's race. For example a white woman who refused to carry out an instruction requiring her not to hire vehicles out to individuals who were black or Asian was discriminated against on the grounds of race even though her race was not being discriminated against. However, the Disability Discrimination Act 1995 (DDA) provides protection from discrimination specifically only to those who are dis...
Case | 21 Jul 2008
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Volunteers for redundancy were dismissed
...lunteered for redundancy as part of a redundancy exercise are to be included in the total number of employees proposed to be dismissed for the purposes of collective consultation.BackgroundOptare announced plans to make redundancies. As the proposals were to dismiss fewer than 20 employees they did not believe that they were under a duty to consult. Optare selected 17 employees for compulsory redundancy and accepted a further three applications for voluntary redundancy. The union insisted that Optare had a statutory duty to consult as there was now a proposal to dismiss 20 employees, however, Opt...
Case | 14 Mar 2008
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Redundancy – fairness and bumping
...d – Employment Appeal Tribunal – EAT/0785/04/CK. Summary A Tribunal had held that a dismissal of an employee on the ground of redundancy was unfair for a number of reasons, including the fact that it was outside the band of reasonable responses to assume that the individual in question would not have been interested in a more junior position. The EAT noted that:- As a general rule, where an employee in a senior position who is being made redundant is prepared to take a more junior position he ought, in fairness, to make this clear at an early stage so as to give his employer an o...
Case | 18 Aug 2005
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Legislation planned to limit civil service redundancy pay
...c climate and “the unilateral action taken by a single union” (PCS) to contest the previous Government’s reforms. The Bill will involve:Capping all compulsory redundancy payments at 12 months’ pay; and Limiting payments for voluntary exits to 15 months’ salary. Accrued pension rights will not be affected by the new legislation. Francis Maude said the Government wants to proceed by negotiation with the unions and confirmed he is writing to Paul Noon, the Chair of the Council of Civil Service Unions (CCSU) to invite them to discuss this. He said that the Government hopes to agree with...
News | 7 Jul 2010
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Survival of the fit note?
workplacelaw The exclusive magazine for premium members of the Workplace Law Network Naked truth Why the fit note isn't working inside this issue JUL/AUG 2011 Issue 61 tragic mistakes A fire expert on the unanswered questions concerning the Penhallow Hotel fire. Page 24 Comment: Workplace Law's Neil McDiarmid advocates investing in people. Page 45 Legal update: Lessons learnt from the super-injunctions deb...
Magazine issue | 5 Jul 2011
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Grinding to a halt: Why Government policy risks bringing business to a standstill
...udy when you want 3. Refresher Revisit key topics from the Managing Safely course 9 February 2011, London 06 LEGAL CALENDAR Key legislative dates for 2011. heaLth and safety and enViROnMent uPdate 07 NEWS Employers advised to take steps to prevent slips and falls on their property; and depression not seen as a good reason for time off. 26 the first monetary penalties for breaches of the Data Protection Act; and serial litigants warned they could be liable for costs. 44 26 AChIEvING ExCELLENCE M Moser has worked on some of the most prestigious refurbishment projects in the country. With the he...
Magazine issue | 4 Jan 2011
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Sweeping changes
...g Stuart of the GMB. Cup, while Head of HR, Jayn Bond, answers some key management questions from allowing staff to watch matches to dealing with drunken or hungover employees. 24 EAT: The fact that an employer treats a disabled person unreasonably, even in a matter related to his disability, does not necessarily mean that it does so because that person is disabled. 16 LEGAL UPDATE New Government: New employment laws a legal analysis of the Coalition's plans for government; and the key aspect of UK law relating to industrial action is the fact it is phrased as immunity from criminal liabilit...
Magazine issue | 1 Jul 2010
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Open for Business
... in power. Would they want more or less from a new administration? 30 teChniCAL 38 THE DATA EA: VWS' fine highlights the direct financial implications of breaching environmental law. EAT: Circumstances constituting constructive dismissal. 15 COMMENT Has the CIPD got it right that employers should not be concerned with employees' own beliefs? asks HR Consultant, Suzanne McMinn. 27 SCREEN TEST Michael Stephens and Norman Mortell on why organisations that use employment agencies must ensure they have robust screening processes and policies in place. 08 CASE LAW TV documentary footage has been us...
Magazine issue | 4 May 2010
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Cultivating success: how to cut costs and stimulate growth
...nt, says Alice Reeve. regulations. Its founder, Anne Morris, explains just why adhering to the new law is so essential. 22 ChalleNGe 22 THE fIRST CORPORATE mANSLAUGHTER PROSECUTION: A TEST Of THE LEGISLATION? It took a year for the first corporate manslaughter case to make it to court but it is not the legal challenge experts were hoping for, say Jon Cooper and Elizabeth Trzoska from Bond Pearce LLP. 06 LEGAL CALENDAR Key legislative dates taking place in June and July. 10 CASE LAW n Health and safety fatality prosecution thrown out of court. n Tips test case upholds minimum wage law. FOCU...
Magazine issue | 1 Jun 2009
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Female jobs recession ‘underway’
The Home Office in London has already sent the e-mail out it was closed in October 2010 and you are right it was across the board. One of my friends has accepted the offer and another has found that it is not beneficial for her. In the past when voluntary redundancies have been broached it was offered to the over 50's only. Some were accepted for redundancy some were not. I would assume that only the over 50's would contemplate redundancy this time too, as upping the earn...
Comment | 30 Jan 2011
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Identity charade
...ACh? The new Equality Bill is set to extend `positive action' so that employers can consider which groups are under-represented in their workforce when 18 TRANSpARENCy TO CAuSE fRICTION IN yOuR WORkpLACE? The new Equality Bill will contain measures to make companies more transparent because "we cannot tackle inequality if it is hidden". But will publicising inequalities in "Why would a woman go to a company that won't publish its pay gap when they can go to a company that publishes the fact it hasn't got a pay gap?" p. 18 3 www.workplacelaw.net NEW fire safety guidance announced Bookmarks u...
Magazine issue | 3 Sep 2008
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Employment Tribunals: back to the future?
...y received Royal Assent. We were beginning to think it would never happen, but the Corporate Manslaughter and Corporate Homicide Bill will now come into force in April 2008 -- 12 years since it was proposed by the Law Commission back in 1996. It's been talked about so much over the years that we're not going to offer an in-depth discussion of the legislation in this month's Workplace Law Magazine. We know what the legislation is intended to do, and the Bill itself doesn't introduce any new responsibilities on employers. What the introduction of the Bill may well do, however, is make employers sit...
Magazine issue | 1 Jul 2007
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08BULLYING
i have to admit I had been a senior manager in Local Authority and did not realise just what kind of bullying went on until I took voluntary redundancy and now work as a clerical assistant in a small school. The Head Teacher is the worst manager I have ever encountered in my life and she is an outright bully to the extent that she lies, we have proof of this , and yet bec...
Comment | 15 Apr 2008
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Compromise agreements - identifying precise claims
Summary The Employment Appeal Tribunal (EAT) holds that an ex-employee who had signed a compromise agreement could not bring a claim relating to protected disclosures even though the compromise agreement itself did not specifically state that claims under section 47B of the Employment Rights Act 1996 (ERA) were compromised. The grievances in relation to the protected disclosures have been raised with the employer p...
Case | 4 Jan 2005
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No smoking? Employers face the costs of kicking the habit
...gn Photography MAGAZINE Kelly Mansfield T. 01223 431 054 Ian Faulkner Isla Jordan Comstock Jules Dann Getty Images istockphoto.com You can't please everyone... A year since the Republic of Ireland became the first country in Europe to ban smoking in the workplace, the impact on business is still not clear, and attitudes towards the ban remain varied. Perhaps your attitude towards the ban can only be determined by whether you're a smoker or not, or whether a ban on smoking is going to have a detrimental effect on your business -- as some businesses in the Irish hospitality industry have claimed...
Magazine issue | 1 Apr 2005
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A new age?
...ncrease from three to seven days. 44 NETWORK NEWS All the latest news from Workplace Law. 22 KEEPING UP APPEARANCES? Riam Dean, who sued a leading American clothing apparel company after falling foul of its `looks' policy, tells Sara Bean the lessons she's brought to her new career in HR. 45 END NOTE teChniCaL 38 THE DATA HEALTH AND SAFETY: A look at two cases in which liability has been shared by claimants and defendants highlights the need for careful planning and risk assessment. In teaching pupils to deal with risk, teachers need to expose them to it, says David Sharp, MD of Workplace La...
Magazine issue | 5 Sep 2011
