Redundancy Dismissals

News & Analysis as of

Restrictions on collective redundancies of Saudi nationals

As part of the Kingdom of Saudi Arabia's wider Saudisation initiative, new legislation has been bought into force which prohibits employers from collectively dismissing its Saudi national employees without prior approval from...more

Compensation Limits on Employment Tribunal Awards

The compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation will increase as of 6 April 2017. This alert sets out the changes in full and highlights important...more

Saudi Ministry of Labor Restricts Terminations

On 29 January 2017, the Saudi Minister of Labor issued Resolution No. 50945 ("Resolution") restricting termination of groups of Saudi employees for redundancy. This significant development comes at a time when many employers...more

Mobility Clause in Redundancy Situation

The Employment Appeal Tribunal (EAT) in Kellogg Brown & Root (UK) Ltd v (1) Fitton UKEAT/0205/16 and (2) Ewer UKEAT/0206/16 considered whether two employees had been unfairly dismissed for redundancy when they refused to...more

Reasonable instruction to move working location?

In the case of Kellogg Brown & Root (UK) Ltd v. (1) Fitton UKEAT/0205/16 and (2) Ewer UKEAT/0206/16 the EAT upheld an appeal against a Tribunal's finding that two employees had been dismissed for redundancy when the company...more

Statutory Maternity Pay must be expressly referred to in settlement agreements

The case of Campus Living Villages UK v. HMRC and Sexton is a reminder to employers that, if a Statutory Maternity Payment (SMP) is included in a settlement agreement, this must be made clear....more

A wealth of recent unfair dismissal decisions

Seasonal businesses can have a tough time if they try to sell ice cream in the UK in the winter or turkeys in the middle of summer. Conversely, when seasonal businesses are at peak time, employees and businesses are faced...more

Keeping up with the Germans?

The Women and Equalities Committee has demanded that the government publish a detailed plan to tackle the issue of pregnant women and mothers being forced out of work by employers’ outdated attitudes....more

Discover (or rediscover) Russian employment law - Your questions, our answers

Is Russian employment law a codification of rules? Yes. Is Russian employment law protective of employees? Yes. Is Russian employment law complex? Certainly. However, we would like to note that Russian employment law...more

France’s New Labor Law and its Contributions on Redundancies

The new law brings clarity to the definition of redundancy and economic difficulties, addresses the transfer of companies in the midst of redundancies, and imposes an obligation on companies contemplating a project of...more

Brexit: Some Potential Implications For Employers

On June 23, 2016, the people of the United Kingdom—(more precisely, the island of Great Britain, comprising England, Wales Scotland and Northern Ireland) voted, pursuant to a referendum called “Brexit,” to leave the European...more

Former City Link workers awarded 90 days' pay

Many will recall that former City Link workers were successful in proving that City Link failed in its statutory duty to consult with them about impending redundancies. The Employment Tribunal (ET) has now ordered that those...more

Comparators in Age Discrimination

Donkor v Royal Bank of Scotland UKEAT/0162/15 considered the appropriate comparator in direct age discrimination cases. Mr Donkor’s employer, the Royal Bank of Scotland (RBS), underwent a restructuring in 2012. As part...more

Injury to feelings compensation: taxable or excepted?

Moorthy v. HMRC [2010] UKUT 13 (TCC) - In the long-running case of Moorthy, the Upper Tribunal has held that an injury to feelings compensation payment made in connection with a termination of employment was taxable as a...more

Why Redundancy is Not a Safe Remedy for Poor Performance

Sometimes managers can appear to think that dismissals for redundancy or poor performance are interchangeable. But the procedures which need to be followed in the UK in either case, to avoid an employee being able to bring a...more

Personal Liability for Redundancy Breaches

Collective redundancy consultation has recently become a lot more serious on a personal level for directors and senior managers. Three former directors of collapsed delivery company Citylink are being prosecuted in...more

La Loi Macron est entrée en vigueur: beaucoup de bruit pour pas grand-chose?

Cette loi apporte des ajustements mais pas de bouleversements dans plusieurs pans du droit social français. Après des mois de discussions ardues, la Loi pour la croissance, l'activité et l'égalité des chances économiques...more

The “Law Macron” Has Taken Effect: Much Ado About Nothing?

This LawFlash focuses on dismissals and mass redundancies. After months of tense discussions in the French Parliament, the law for the Growth, the Activity and the Equality of Economic Opportunities (Law Macron), which...more

Proposals to Simplify the Tax Treatments of Termination Payments

Broadly speaking, the position is currently that the first £30,000 of any non-contractual termination payment can be paid free of deductions for tax and national insurance (NI), and that most other payments are subject to tax...more

PTAB Denies Challenged Grounds as Redundant in View of Grounds in Different Petition

The Board has a well-established reputation for denying grounds in a petition that are deemed redundant to other instituted grounds. In view of that reputation, Petitioners are adapting, seeking to file multiple petitions,...more

Guide To Doing Business in New Zealand: Employment Laws (Updated)

EMPLOYMENT LAWS - TERMS AND CONDITIONS OF EMPLOYMENT - Terms and conditions of work performed by employees in New Zealand are governed by: • Legislation governing employment terms and working conditions,...more

A U.S. Employer’s Guide to Basic UK Employment and Immigration Laws

UK employment law is constantly developing and it has been challenging for employers to keep up with the changes in recent years. All employers in the UK, no matter how big or small, are required to comply with these laws or...more

Case Alert: Ignorance is No Defence for Failure to Collectively Consult

What happened? In E Ivor Hughes Educational Foundation v Morris and others, the Employment Appeal Tribunal (the "EAT") upheld the Employment Tribunal's decision to make the maximum protective award of 90 days’ pay to an...more

Collective Redundancy Consultation: European Court Judgment is Good News for UK Employers

Background - UK legislation provides that, when a UK employer proposes to make redundant 20 or more employees at one establishment within a period of 90 days or less, the employer is required to collectively consult...more

Redundancy in China: Regulations and our practices

Redundancy has not been defined in any law or regulation in China so far. Article 41 of The Employment Contract Law of the People’s Republic of China provides the following sole and exhaustive four situations where employers...more

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