The Employment Appeal Tribunal (EAT) recently clarified the consultation requirement for employers in redundancy situations, emphasising that a fair process may require consulting with employees at an early, formative stage...more
Useful reminder from the Employment Appeal Tribunal that meaningful consultation should occur at the formative stage of a redundancy process which is when the employee can still potentially influence the redundancy outcome....more
Massenentlassungen sind vorab bei der Agentur für Arbeit anzuzeigen (§ 17 KSchG). Hierbei ist größte Sorgfalt geboten, da Fehler in der Regel zur Unwirksamkeit von anzeigepflichtigen Kündigungen und Aufhebungsverträgen...more
In this episode of The Proskauer Brief, New York partner Howard Robbins and London partner Dan Ornstein discuss how U.K. laws affect U.S. employers. As if dealing with U.S. employment laws are not difficult enough,...more
Our February update considers recent developments in employment law, including cases on discrimination and equal pay. We also outline other points of note, including developments relating to right to work checks, the Equality...more
In the months following the election of President Emmanuel Macron, who is perceived as pro-business, as well as a parliamentary election in which the new president’s party won the majority, companies and entrepreneurs have...more
Uplifting – injury to feelings compensation must be increased by 10% - After a number of conflicting decisions in the EAT, the Court of Appeal has confirmed that injury to feelings discrimination compensation awarded in...more
Many in the UK are in a state of shock. The vote, narrowly, and with significant geographical and demographic variations, is to leave. What impact will this have in relation to UK employment law?...more
January - DATA PROTECTION: NEW EUROPEAN REGULATION - After four years of negotiation and lobbying, the new European General Data Protection Regulation has now been finalised. The Regulation will govern...more
As reported in a previous Onpoint three former directors of the collapsed parcel delivery firm City Link have been prosecuted relating to their failure to notify the Secretary of State of the redundancies which resulted from...more
The law for growth, activity and equal opportunities, known as “Macron Law” (hereafter referred as “the Law”) has been approved on 6 August, 2015. From the reform of the procedure before employment tribunals to the...more
In E Ivor Hughes Educational Foundation v Morris UKEAT/0023/15, the Employment Appeal Tribunal (EAT) considered the implications of an employer’s failure to consult with its employees in breach of U.K. collective redundancy...more
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
European Court of Justice (ECJ) rules on the meaning of ‘establishment' - After two years of litigation, the ECJ has finally approved a return to the status quo in collective redundancy exercises in the European Union. ...more
What happened? Under the Trade Union and Labour Relations (Consolidation) Act 1992 (the "Act"), if an employer proposes to make large scale redundancies of 20 or more employees at one establishment within a period of 90 days...more
Court clarifies the threshold for triggering collective consultation obligations. On 30 April, the European Court of Justice (ECJ) issued its decision on whether the UK Employment Appeals Tribunal (EAT) was right to...more
We reported recently on the Advocate General's opinion in the Woolworths collective redundancy case. At the time, we were still awaiting the final decision of the European Court. That decision has now been delivered and it...more
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 representatives of...more
Significant changes are being made to UK employment law with effect from 29 July 2013. These form part of a raft of legislative changes being introduced throughout 2013, details of which are summarised in the table that...more
The UK Employment Appeal Tribunal (the EAT) has now published its judgment in litigation that resulted from the 2008 closure of Woolworths. It confirms initial reports of a significant change to the law on UK collective...more
UK Employment Appeal Tribunal issues decision that will require employers to collectively consult on all redundancies of 20 or more employees over a 90-day period. ...more
European Union employers are required by an EU directive to consult with employees and their representatives, including works councils (an existing employee representative body), when proposing collective dismissals to...more
The Employment Appeal Tribunal (EAT) is reported to have handed down a decision, in litigation that resulted from the 2008 closure of Woolworths, which may mean a radical change to the law on collective redundancy...more
Important changes to the rules requiring employers to conduct collective redundancy consultation with representatives of the affected employees, where 20 or more redundancies are proposed in a 90 day period, came into effect...more
Changes include the annual increase on certain statutory payments and a reduction in the collective consultation period for large redundancy exercises. Changes to the collective consultation regime were announced by...more