News & Analysis as of

Redundancy Dismissals

Mass Dismissal Filings in Germany – Do Leased Employees (“Leiharbeitnehmer”) Count?

by Bryan Cave on

Collective redundancies and the complex issue of relevant dismissal thresholds for notification of the German Federal Employment Agency (“Bundesanstalt für Arbeit” or “the Agency”) were already addressed in an earlier June...more

Voluntary redundancy – Lynham Anor v Birmingham City Council

by Dentons on

In the case of Lynam & Anor v Birmingham City Council UKEAT/0072/17/JOJ, the Employment Appeal Tribunal (EAT) held that the Council had breached the employment contracts of a group of employees by failing to offer them the...more

Employment News - September 2017 #3

by Hogan Lovells on

Let's talk about it – changing terms and redundancy consultation - In Socha v Szpital Specjalistyczny im A. Falkiewicza, the CJEU confirms that the duty to inform and consult applies where employees are dismissed for...more

French Elections Pave Way for Labor, Tax Reforms

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

The publication of the Macron ordinances

by White & Case LLP on

The long-awaited reform of French employment law is now on track. The French government (the "Government") presented five draft ordinances outlining the different topics and related modifications that should be formally...more

Overview of Macron reform law

by DLA Piper on

Through a comprehensive short slideshow, discover the key challenges and timeframe of the Macron Labour Reform Bill. Please see full Presentation below for more information....more

Redundancy sickness absence and disability discrimination

by Dentons on

In Charlesworth v. Dransfields Engineering Services Ltd the Employment Appeal Tribunal (EAT) upheld the Employment Tribunal's (ET) decision that Dransfields Engineering had not discriminated against the claimant by making him...more

Mobility clauses in employment contracts: Reasonableness is key

by Dentons on

The Employment Appeal Tribunal (EAT), in the case of Kellogg Brown & Root (UK) Ltd. v (1) Fitton and (2) Ewer, examined in detail reliance by an employer on a “mobility clause” in an employment contract in circumstances where...more

Redundancy exercises: A useful reminder to act reasonably

by Dentons on

The Employment Appeal Tribunal’s (EAT) decision in Green v London Borough of Barking and Dagenham serves as a useful reminder for employers to act reasonably at every stage of the redundancy process. This includes throughout...more

Employment News - April 2017 #3

by Hogan Lovells on

Taking the long view – potential nine month restriction for broker upheld - In Tradition Financial Services Ltd v Gamberoni the High Court has upheld six month non-compete and non-solicitation covenants, despite...more

It pays to be genuine

by Dentons on

A commercial reality in today’s business world is the very real pressure on employers to reduce costs, which can often result in a necessary reduction in employers’ workforces. Redundancy, and what will be considered to be a...more

No implied term releasing an employee from their obligation to repay a loan in a voluntary redundancy situation

by Dentons on

In the recent case of Ali v. Petroleum Company of Trinidad and Tobago the Privy Council found that there was no implied term waiving an employee's obligation to repay a loan to their employer in a voluntary redundancy...more

Settlement Agreements: No 'one size fits all' approach

by White & Case LLP on

In light of recent case law, Stephen Ravenscroft and Sarah Taylor discuss the importance of using clear wording when drawing up a settlement agreement. Settlement agreements are a very useful tool for an employer. They...more

Employment Matters – UK - March 2017

There Is No Implied Term Waiving the Obligation To Repay a Loan in a Voluntary Redundancy Situation - Employers who advance sums to employees, such as relocation costs, will often try to claw back those sums in the event...more

Restrictions on collective redundancies of Saudi nationals

by DLA Piper on

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

by McDermott Will & Emery on

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

by Jones Day on

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

by Faegre Baker Daniels on

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?

by Dentons on

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

by Dentons on

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

by Dentons on

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?

by Dentons on

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

by Dechert LLP on

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

by Morgan Lewis on

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

by Littler on

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

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