Redundancy

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Latest Employment News

The impact of COVID-19 and returning to work on mental health

The following Employment news provides comprehensive and up to date legal information on The impact of COVID-19 and returning to work on mental health

Unfair dismissal: 'manner' of carrying out health and safety activity is rarely separable from that activity (Sinclair v Trackwork Ltd)

The following Employment news provides comprehensive and up to date legal information on Unfair dismissal: 'manner' of carrying out health and safety activity is rarely separable from that activity (Sinclair v Trackwork Ltd)

Employment weekly highlights—6 May 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—6 May 2021

No direct sex discrimination where non-payment of allowance was due to ‘absence’ not ‘maternity absence’ (Commissioner of City of London Police v Geldart)

The following Employment news provides comprehensive and up to date legal information on No direct sex discrimination where non-payment of allowance was due to ‘absence’ not ‘maternity absence’ (Commissioner of City of London Police v Geldart)

Featured Employment content

Letter—employer acknowledgement of notification of maternity leave

Date: [insert date]Dear [insert name of employee]Congratulations and thank you for telling me about your pregnancy and the date that your baby is due....

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

ET1 grounds of claim—direct sex discrimination, sexual harassment and constructive dismissal

[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [job title]. She worked at the Respondent’s premises at...

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...

Precedents

Costs warning letter (employment tribunal)

[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...

9th Nov

Practice notes

Striking out and unless orders in employment tribunal proceedings

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

In-house

Practice notes

The basic award

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

9th Nov

Precedents

Letter—long-term sickness absence (6): to employee confirming dismissal on notice (following final written warning)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...

9th Nov

Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

Precedents

Application—additional information (further and better particulars)

[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...

9th Nov

Precedents

Draft outline script for disciplinary hearing (misconduct)

1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...

9th Nov

Precedents

Letter—TUPE (9) from employee objecting to transfer

[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...

9th Nov

Precedents

Letter—from employer placing employee on garden leave

[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...

9th Nov

Practice notes

The duty of fidelity and fiduciary duties

All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...

9th Nov

Precedents

Letter—secondment letter (employer—employee)

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

9th Nov

Practice notes

Unfair dismissal remedies—general

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Contractual redundancy payments

An employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two years•he has been dismissed,...

9th Nov

In-house

Practice notes

Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will...

9th Nov

Most recent Redundancy content

Q&As

Where it is not practicable by reason of redundancy for an employer to continue to employ an employee returning from maternity leave under her existing contract of employment, and the employer is required to offer the employee any suitable alternative vacancy that exists, is the employer required to consider terminating the contract of a self-employed worker carrying out the same role as the returning employee and offering her that role either on self-employed terms or as an employee?

Redundancy is a potentially fair reason for dismissal.For these purposes, an employee is dismissed by reason of redundancy if their dismissal is...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 4th May

Practice notes

Coronavirus Job Retention Scheme—right to statutory redundancy and other termination payments

UPDATE (28/4/21): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) (Amendment) (No 2) Regulations 2021, SI 2021/487, made on...

30th Apr

COVID-19

Practice notes

Collective redundancy—the triggers for the statutory consultation obligations

This Practice Note considers the circumstances in which the statutory consultation obligations in a collective redundancy situation will be...

29th Apr

In-house

Precedents

Voting form—employee representatives

Voting Form No. [insert number] [Insert details of the voting group as determined by the employer eg the whole workforce, night shift, day shift,...

27th Apr

Precedents

Letter—Redundancy (6) invitation to second individual consultation meeting (collective consultation)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)As you know, it has been...

27th Apr

Precedents

ET1 grounds of claim—unpaid redundancy payment due from National Insurance Fund

[Insert in para 8.2 of claim form ET1:]1On [insert date] at the age of [35], I was dismissed by my former employer [insert name of employer] on the...

27th Apr

Precedents

Application form—employee representative candidates

[Insert details of the voting group as determined by the employer eg the whole workforce, night shift, day shift, management, non-management or...

27th Apr

Precedents

ET1 grounds of claim — protective award

[Insert in para 8.1 of claim form ET1:]1The [insert name of union] is an independent trade union recognised by the Respondent in respect of all hourly...

27th Apr

Precedents

ET3 grounds for resisting claim—protective award

[Insert in para 6.1 of response form ET3:]1It is admitted that the Respondent did not consult with the Claimant union at least [45 days OR 30...

27th Apr

Precedents

Election rules—electing employee representatives

1Introduction1.1These rules govern the election of [employee OR worker] representatives for [specify purpose of election, eg the purposes of an...

27th Apr

Precedents

Letter—to employee representative confirming election result and role

[TO BE TYPED ON THE HEADED NOTEPAPER OF THE EMPLOYER][Insert name of the elected representative][Insert address of the elected representative][Insert...

27th Apr

Precedents

Letter—Redundancy (1) informing employees in selection pool of risk of redundancy (individual consultation)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)As we informed you at the...

27th Apr

In-house

Precedents

ET1 grounds of claim—redundancy payment

[Insert in para 8.2 of claim form ET1]1[The Claimant was employed by the Respondent for [enter number, eg 10] years as a [enter details, eg...

27th Apr

Precedents

Letter—Redundancy (2) request for volunteers for redundancy (individual consultation)

[] To be typed on headed notepaper of employer[Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)As you know, [specify...

27th Apr

Precedents

Letter—Redundancy (2) to employee representatives (collective consultation)

[To be typed on headed notepaper of employer][Date][Insert name and address of trade union or representative]Re: [insert name of employer] (the...

27th Apr

Precedents

Letter—enclosing ballot paper for election of employee representatives

[insert date]Dear [insert name]Nominations have now closed for the election of employee representatives. There will now be a ballot in order to elect...

27th Apr

Precedents

Letter—Redundancy (4) invitation to second individual consultation meeting (individual consultation)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)As you know, it has been...

27th Apr

Precedents

Letter—Redundancy (3B) notice of provisional non—selection for redundancy (individual consultation)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)As I informed you at the...

27th Apr

Precedents