When a resignation can give rise to a redundancy

The ECJ has concluded that incidents involving the resignation of an employee due to independent and sizeable alterations in their contract and working conditions do fall under the European legal definition of ‘redundancy’. We explain more about how this decision… Read on

Tough case on collective consultation

We report on a case where the EAT has taken a very uncommercial view about collective consultation on a school closure, as a warning to employers in other collective consultation situations. Background This case has mainly been reported as one… Read on

Woolworths: ECJ decides

We report on the latest instalment of the saga of the meaning of “establishment” in the UK’s collective redundancies legislation. Background In the latest episode of this saga, the ECJ has agreed with the Advocate General that “establishment” need not… Read on

Important development on collective redundancies

The Advocate General of the European Court has held that the meaning of ‘establishment’ for the purposes of collective redundancy consultation does NOT necessarily need to take into account the whole business.  Businesses should, subject to national law, be able… Read on

Timing of redundancy during maternity leave

In the case of Sefton Borough Council v Wainwright 2014, the EAT held that: An employee on maternity leave was entitled to be offered a suitable alternative post as soon as the employer created the new post in the restructure… Read on

Redundancy and disability – adjustments

Did the employer fail to make reasonable adjustments when considering alternative employment for a redundant disabled employee? Yes, said the Employment Appeal Tribunal in the case of London Borough of Southwark v Charles. Background Mr Charles’ disability meant that… Read on

Legal right to enhanced redundancy pay

Can the historical payment enhanced redundancy payments give rise to a legally enforceable right to them? Yes it can, according to a recent decision of the Employment Appeal Tribunal in Peacock Stores v Peregrine, provided the practice has been so… Read on

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