It is highly likely that an employer will, at some time during the employment relationship, wish to change the terms and conditions on which any particular employee or...
Information and consultation is a vital part of any kind of dismissal and, if the employer wishes to minimise the risk of liability to pay compensation to affected...
This Practice Note considers the circumstances in which the statutory consultation obligations in a collective redundancy situation will be triggered. Information and...
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, and • the...
This Practice Note examines the two different statutory definitions of 'redundancy'. The first is found in the Employment Rights Act 1996 (ERA 1996). Whether or not it is...
An employee is entitled to a redundancy payment when he is dismissed by reason of redundancy. See Precedents: • ET1 grounds of claim—redundancy payment • ET3 grounds for...
This chart outlines a suggested timetable for the employment aspects of a business reorganisation process and is designed to be sent to a client. It sets out the steps to...
A number of employment law issues arise when a business wants to implement a reorganisation. Those issues are both legal and practical and this Practice Note considers...
The statement of particulars of employment issued to an employee to comply with s 1 of ERA 1996 (which usually forms part of a contract of employment) must include a...
Where an employer has failed to comply with the statutory consultation requirements under TULR(C)A 1992, s 188 or 188A (see Collective redundancy—statutory information...
Redundancy is a potentially fair statutory reason for dismissal. However, as with other potentially fair reasons, the fairness of a redundancy dismissal is to be...
Even if the reason for dismissal does not fall within one of the specific potentially fair reasons set out in ERA 1996, s 98(2), the dismissal may still be fair if the...
This Practice Note contains guidance on a fair procedure to be followed where: • an employer is proposing to dismiss as redundant 20 or more employees within any period...
Where there is no statutory obligation to consult with any existing employee representatives (see Practice Note: Collective redundancy—the triggers for the statutory...
Relevant transfers under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) are: • business transfers—involving the...
Where there is a business transfer or service provision change amounting to a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations...
This Practice Note sets out the position for cases where the relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006)...
This Practice Note details the effect of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) on the ability to vary or...