The following Employment Q&A provides comprehensive and up to date legal information covering:
It is relatively common for employers, particularly larger employers and those that are unionised, to pay redundancy payments to redundant employees which are in excess of the statutory minimum under the statutory redundancy payments scheme. The employer may have an established written policy which sets out what employees can expect to be paid as such enhanced redundancy payments (some policies may, expressly or impliedly, be incorporated as part of the employee’s contractual terms of employment or alternatively, such policies may be expressed to be purely discretionary and not form part of the contractual terms) or the employer may decide, at its discretion, to set up a one-off arrangement for a particular redundancy exercise. Sometimes there may simply be an established custom and practice of making enhanced redundancy payments which may or may not, depending on the circumstances, have become an implied contractual term of employment.
See Practice Note: Contractual redundancy payments.
Relevant transfers under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 are:
business transfers—involving the transfer of an undertaking or business, or part of
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Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
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