Contents tagged with Redundancy
Following on from our article ‘How to avoid compulsory redundancies’ a few months ago, unfortunately there can be instances where a business simply has no alternative but to consider cutting staff to reduce costs.
If that is the case then there are important rules that you must follow and if you fail to do so then any redundancies you may make could be unfair and you could be taken to a tribunal. You must identify which people you will make redundant and ensure you select people fairly.
If you don’t consult employees in a redundancy situation any redundancies you make are likely to be unfair.
If you plan to make fewer than 20 redundancies then there are no set rules relating to the length of the consultation process but it is good practice to … more
With Samira on Maternity Leave from the end of today, we thought it was only fitting that our article this week covered this complex area of law. Family friendly rights, including leave and pay in relation to maternity are constantly evolving and growing as an area of employment law. In this article we aim to offer some clarity on this area and provide employers with some advice on the do’s and don’ts when dealing with staff taking maternity leave.
Ensure that you keep in touch with employees whilst they are away on maternity leave.
Line managers should agree with employees that are due to go off on maternity what “reasonable contact” would be appropriate before their leave starts. Once agreed, you can use this time … more
The last year has seen a number of major businesses collapse, notably Monarch Airlines and now this week, Carillion.
Carillion’s financial troubles were well documented but the fact that the company went straight into a compulsory liquidation, rather than administration, caught some by surprise.
Administration allows the appointed administrators of a company to continue to operate a Company as they attempt to find a buyer for the business, or parts of the business. By entering liquidation the company ceases to trade and the liquidators role is simply to realise any assets and distribute them to creditors. The fact that Carillion bypassed an administration shows that there were no assets to sell and no viable parts of the business.
Carillion has contracts to provide school meals, … more
As we count down to the New Year, let’s remind ourselves of 2015’s key judgments. They include cases on: whistleblowing, working time, annual leave during sickness absence, holiday pay, disability discrimination, redundancy consultations, recruitment, and the role of HR in disciplinary proceedings.
1. HR’s role in disciplinary proceedings
In Ramphal v Department for Transport it was held by the Employment Appeal Tribunal (EAT) that a dismissal will be unfair if the decision to dismiss an employee is improperly influenced by HR. Thus, HR should refrain from lobbying managers to reshape their view on culpability and limit their advice essentially to questions of law, and procedures and processes.
2. Right to be accompanied: a new type of claim?
It was held by the … more
In some industries work is seasonal and employees expect a short lay off and/or ‘short time’ working period per year to cater for this, most employees use this period to take their annual leave. Unfortunately for the majority of businesses laying staff off or putting them on short time hours has resulted from the challenging economic climate.
Businesses continue to face hard decisions like whether they should make staff redundant or whether they should consider a temporary ‘lay off’ period in the interim to ascertain whether business will eventually pick up.
So when is it appropriate for a lay-off or short-time working?
Please note: the statutory procedure for lay-offs/short time working as set out in the Employment Rights Act 1996 (“ERA”) … more
The election is over and the Queen Speech has announced the programme of new laws the Conservative government intend to implement. How it will affect SME’s, only time will tell.
However, for those of you who are going to have to deal with scaling down staff, whether or not that’s related to proposals by the new government, I have put together a guide to ensure you deal with redundancies fairly:
1. First Consultation Meeting:
Meet with all of the employees who might be made redundant (as a group).
Explain the reasons for the potential redundancies.
Explain how many jobs are at risk of being redundant.
Explain the methods being explored to avoid the redundancies (for example, restrictions on recruitment, alternative employment, re-training, voluntary early … more
The inherent difficulties of operating a practice day to day are, of course, substantial. One area that can often be neglected in the pursuit of superior quality standards and patient care is HR and employment law issues.
While this question may present no problems when all is running smoothly on the ‘Good Ship Dental Practice’, there is however a wealth of legal issues potentially lurking beneath the surface for the unprepared practice owner and associate alike. So what can go wrong?
The starting point for avoiding problems is naturally when a new starter is issued with their contract of employment or services. This defines most contractual relationships however at present many practice owners provide associate dentists with a contract for … more
The difference between a dismissal and a ‘mutually agreed termination’ is a point often tested in UK employment law. The fallout for an employer for mistakenly thinking a dismissal is a termination agreed between them and the employee, can be quite disastrous.
The Employment Appeals Tribunal (EAT) recently gave a good example on distinguishing the two situations in the case of Francis v Pertemps Recruitment.
Here Mr Francis was employed by the employment agency Pertemps, though his day-to-day work took place at a client employer of Pertemps, the identity of which was specified in his contract of employment.
The day then came when the client employer no longer had need for Mr Francis’ services. Pertemps therefore offered Mr Francis two options. Option one was two weeks& … more
Selecting employees for redundancy is a difficult process, often an exercise in removing part of the workforce so that the whole may continue to work and hopefully grow once again. In seeking to make the unpleasant choices there should naturally be a degree of objectivity in the selection methods used. Often this is done via a matrix of key attributes (such as absences, sales records etc.) where candidates for redundancy are ‘scored’ against colleagues also up for selection.
An increasingly popular trend of selection however now revolves around competency tests; a practical assessment of the candidate’s skills in the role they doubtless are trying to retain. On the face of it, this seems like a very fair way of gauging the skills of the relevant employees. However … more
Unfair dismissal claims are the most frequent type of claims brought in the Employment Tribunal.
There are two types of claims, the first being where an employer dismisses the employee and a … more