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#Redundancy

Twenty-three employees have won the maximum ‘Protective Award’ of 90 days extra pay because their employer failed to ‘inform and consult’ with them about their redundancies. Under S188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA), employers must follow collective consultation rules where it proposes to make over 20 redundancies in a 90 day period.

Max award for employees told of redundancy via social media

14

Jan

2021

Max award for employees told of redundancy via social media

Twenty-three employees have won the maximum ‘Protective Award’ of 90 days extra pay because their employer failed to ‘inform and consult’ with them about their redundancies. Under S188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA), employers must follow collective consultation rules where it proposes to make over 20 redundancies in a 90 day period.

#Redundancy

The first payment to include in a redundancy package is the statutory redundancy payment. This must be paid to all eligible employees and the amount is set by legislation. Other mandatory payments on termination would also include accrued but untaken annual leave and unpaid wages. Some employers, where the contract allows, may make a payment in lieu of notice.

Enhanced Redundancy Packages: Explained

5

Nov

2020

Enhanced Redundancy Packages: Explained

The first payment to include in a redundancy package is the statutory redundancy payment. This must be paid to all eligible employees and the amount is set by legislation. Other mandatory payments on termination would also include accrued but untaken annual leave and unpaid wages. Some employers, where the contract allows, may make a payment in lieu of notice.

#Redundancy

The Employment Appeal Tribunal decision in Verizon European Works Council v Verizon Group highlights the risk of bypassing established statutory mechanisms for informing and consulting with the workforce. Where these arrangements are national works councils or European Works Councils (EWCs), this can lead to penalties of up to £75,000.

£40,000 in penalties for failure to inform and consult

19

Oct

2020

£40,000 in penalties for failure to inform and consult

The Employment Appeal Tribunal decision in Verizon European Works Council v Verizon Group highlights the risk of bypassing established statutory mechanisms for informing and consulting with the workforce. Where these arrangements are national works councils or European Works Councils (EWCs), this can lead to penalties of up to £75,000.

#Redundancy

In the recent case of Aramark (UK) Limited v Fernades, the EAT held that it was not  unreasonable for an employer to decide not to include the Claimant on a list of bank workers in a redundancy situation.

Redundancy - reasonableness is judged on whether dismissal could be avoided

18

Sep

2020

Redundancy - reasonableness is judged on whether dismissal could be avoided

In the recent case of Aramark (UK) Limited v Fernades, the EAT held that it was not  unreasonable for an employer to decide not to include the Claimant on a list of bank workers in a redundancy situation.

#Redundancy

I have only worked for my employer for a short time, am I entitled to redundancy pay?

Redundancy FAQs for employees

3

Sep

2020

Redundancy FAQs for employees

I have only worked for my employer for a short time, am I entitled to redundancy pay?

#Redundancy

The government has announced a new law, effective from 31 July 2020 introducing changes regarding payments on termination of employment to employees who are, or have been, furloughed.

Furlough: increased redundancy and notice pay for some employees

30

Jul

2020

Furlough: increased redundancy and notice pay for some employees

The government has announced a new law, effective from 31 July 2020 introducing changes regarding payments on termination of employment to employees who are, or have been, furloughed.

#Redundancy

As the furlough scheme starts to be phased out from the end of this week, the ongoing economic Covid-19 related downturn means that increasing numbers of businesses are having to announce redundancies.

Settlement offers and redundancies: the cost of getting it wrong

30

Jul

2020

Settlement offers and redundancies: the cost of getting it wrong

As the furlough scheme starts to be phased out from the end of this week, the ongoing economic Covid-19 related downturn means that increasing numbers of businesses are having to announce redundancies.

#Redundancy

The government guidance on furlough and the Coronavirus Job Retention Scheme (CJRS) makes clear that employees can be made redundant whilst on furlough and that normal redundancy rules and rights apply to furloughed employees.

COVID-19 Update: Redundancy and Furlough

29

Jun

2020

COVID-19 Update: Redundancy and Furlough

The government guidance on furlough and the Coronavirus Job Retention Scheme (CJRS) makes clear that employees can be made redundant whilst on furlough and that normal redundancy rules and rights apply to furloughed employees.

#Redundancy
The former employees are claiming Thomas Cook failed to consult or inform them about their impending redundancy. Employers are obliged to consult on a collective basis if they proposing to make 20+ employees at one establishment redundant within a period of 90 days.

Thomas Cook employees are taking legal action after being made redundant by the now defunct travel agent

27

Sep

2019

Thomas Cook employees are taking legal action after being made redundant by the now defunct travel agent

The former employees are claiming Thomas Cook failed to consult or inform them about their impending redundancy. Employers are obliged to consult on a collective basis if they proposing to make 20+ employees at one establishment redundant within a period of 90 days.
#Redundancy
In Uradar v Lancashire Care NHS Foundation Trust, the Claimant was made redundant and had a contractual redundancy entitlement of £43,949.04. The Trust refused to pay, claiming she had turned down suitable alternative employment.

Statutory redundancy pay was not caught by the £25,000 breach of contract cap

20

Sep

2019

Statutory redundancy pay was not caught by the £25,000 breach of contract cap

In Uradar v Lancashire Care NHS Foundation Trust, the Claimant was made redundant and had a contractual redundancy entitlement of £43,949.04. The Trust refused to pay, claiming she had turned down suitable alternative employment.
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