This question gives rise to two considerations: • possible protection against unlawful deductions from wages under section 13 of the Employment Rights Act 1996 (ERA 1996), and • the parties' rights under the contract of employment An employer may not make a deduction from the wages of any worker employed by him, or receive a payment from such a worker, unless: • it is required or authorised to be made by virtue of any statutory provision or any relevant provision of the worker's contract, or • the worker has previously signified in writing his agreement or consent to

It is assumed that this query relates to the calculation of a statutory redundancy payment. For information on the employee’s right to pay during the notice period, see the section of Practice Note: Statutory minimum notice entitled Statutory minimum notice—Employee entitlement to pay during statutory notice period. Calculating a statutory redundancy payment Under section 162 of the Employment Rights Act 1996 (ERA 1996), a statutory redundancy payment is calculated by: • determining the employee's number of complete years of continuous employment ending with the 'relevant date', and • allowing the appropriate number of weeks for each year • multiplying that total number of allowed weeks by the current figure for a week's pay, calculated in the usual way, subject to the statutory cap, which is £571 per week

Consideration should be given to: • the nature of the potential claim or claims • the potential liability of the relevant party in question in respect of that claim (including any joint and several liability) • whether it is possible for the claim(s) in question to be contracted out of, and • whether the relevant party has given (or received) indemnities to (or from) the other party to the transaction Nature of the claim and apportionment of liability under TUPE 2006 Claims arising in a situation to which Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 applies may include: • unfair dismissal • claims arising in respect of the transferor’s acts or omissions before completion of the transfer • failure

Where an employer is taking on a new employee, or has inherited an employee on a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006), it is the employer’s decision whether to rely on a previously-issued Disclosure and Barring Service (DBS) check. If the individual has joined the DBS update service, the employer can apply, with the individual’s consent, for a status update on the original certificate. For further information, see Practice Note: Criminal records—asking questions and DBS checks—Portability—the DBS update service. If the individual has not joined the update service, issues for the employer to consider before relying on a previously-issued check include: • any particular statutory requirements or best practice guidance in the employer’s sector in relation to reliance on previously-issued certificates and/or a requirement to carry

Bribery Act 2010 The Bribery Act 2010 sets out four offences: • bribing another person (also known as active bribery) • soliciting or accepting a bribe (also known as passive bribery) • bribing a foreign public official, and • failure of a commercial organisation to prevent bribery by an 'associated person' for its benefit For further information, see Practice Note: Bribery Act 2010: essentials for employment lawyers. The first three offences above apply to individuals and companies. The offence of failure to prevent bribery applies only to relevant commercial organisations. For information on the offence of failing to prevent bribery, see Practice Note: Bribery Act 2010: essentials

On a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246, union recognition transfers to the transferee: an independent trade union that was recognised to any extent by the transferor in respect of any description of transferring employees is deemed to be recognised by the transferee to the same extent as by the transferor. However,

Any purported variation of a contract of employment that is, or will be, transferred is void 'if the sole or principal reason for the variation is the transfer'. However, a variation to the contract of employment of a transferring employee will not be void: • if the sole or principal reason for the variation is an economic, technical or organisational reason entailing changes in the workforce (ETO reason) provided that the employer and employee agree that variation, or • the terms of that contract permit the employer to make such a variation For further information, see Practice Note: TUPE—variation of contract terms under the headings Contractual variations which are void, even with employee consent and Contractual variations which may be valid, with employee consent. There

For information on maternity pay generally, see Practice Note: Maternity pay. In order to qualify for statutory maternity pay (SMP), it is necessary for a woman to be or have been an employee as defined in section 171(1) of the Social Security Contributions and Benefits Act 1992 (SSCBA 1992), (see Practice Note: Maternity pay—SMP—definition of employee) and satisfy the conditions set out in SSCBA 1992, s 164. The liability to make payments of statutory maternity pay to a woman is a liability of any person of whom she has been an employee for a continuous period of at least 26 weeks ending with the week immediately preceding the 14th week before the expected week of childbirth. This means that, in order for the employer to be liable

The provisions in sections 198A–198B of the Trade Union and Labour Relations (Consolidation ) Act 1992 (TULR(C)A 1992) enable the transferee, for the purposes of the collective consultation obligations in TULR(C)A 1992, s 188, to elect to consult, or start to consult, with appropriate representatives before a relevant transfer, provided certain conditions are met. For further information, see Practice Note: TUPE—information

Where there is a relevant transfer within the meaning of Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, reg 3(1), subject to an employee's right to object to the transfer, the contracts of employment of those employees employed by the transferor and ‘assigned to the organised grouping of resources or employees that is subject to the relevant transfer’, and which would otherwise be terminated by the transfer, automatically transfer to the transferee and have effect after the transfer as if originally made between the employee and the transferee. The reference to a person employed by the transferor and assigned to the organised grouping of resources or employees that is subject to the relevant transfer, is to a person so employed

Where an employer is proposing to dismiss as redundant 20 or more employees within any period of 90 days or less, it has statutory obligations to: • inform and consult with appropriate representatives, and • notify the Department for Business, Energy and Industrial Strategy (BEIS) in advance For further information, see Practice Notes: • Collective redundancy—the triggers for the statutory consultation obligations • Collective redundancy—statutory information and consultation obligations Where those statutory consultation obligations do not apply, and there is no other need to consult with a union or other employee representatives (eg under a collective bargaining agreement), the employer will still need to consult individually with the affected employees as part of a fair redundancy procedure. For further information, see Practice Note: Redundancy—fair procedure: individual consultation. In the context of a relevant transfer under

For information on permanent health insurance (PHI) schemes generally, see Practice Notes: • Insurance in employment • Dealing with long-term or chronic sickness—Consider any Permanent Health Insurance (PHI) scheme • Contractual notice—Dismissal during long-term incapacity Does the employee transfer? The first question to ask is whether the employee in question transfers. Where there is a relevant transfer, subject to an employee's right to object to the transfer, the contracts of employment of those employees employed by the transferor and 'assigned to the organised grouping of resources or employees that is subject