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In 2002, the Court of Appeal ruled in a case brought by staff employed at Albion's Farington site in Lancashire, Albion Automotive Ltd w. Walker and others, [1] that a contractual term entitling employees to an enhanced redundancy payment could be implied into the employees' contracts of employment based on the employer's custom and practice.
There is a severance pay calculator based on common law "Bardal Factors" that predicts the amount of severance pay owed as determined by the court. [18] The goal is to provide enough notice or pay in lieu for the employee to find comparable employment.
The Redundancy Payments Act 1965 (c. 62) was an act of the Parliament of the United Kingdom that introduced into UK labour law the principle that after a qualifying period of work, people would have a right to a severance payment in the event of their jobs becoming economically unnecessary to the employer. The functions of the redundancy ...
Compensation mainly consists of a "basic award" equivalent to statutory redundancy pay of, as at 2009, up to £10,500, plus a "compensatory award" for loss of earnings, statutory rights and benefits and for expenses, of up to £66,200, or unlimited where the dismissal was due to health and safety, whistleblowing or union work.
The Employment Protection (Consolidation) Act 1978 (c. 44) was a UK Act of Parliament that formed a central part of UK labour law. Its descendant is the Employment Rights Act 1996. It consolidated two pieces of legislation, the Contracts of Employment Act 1963 and the Redundancy Payments Act 1965.
You are not entitled to redundancy if you have simply reached retiring age (s.156). And nothing prevents the employer from making a dismissal for misconduct or capability, as outlined under the fairness provisions for dismissal (s.98). The amount of redundancy is based on a length of service calculation and age.
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1. Citation, commencement and extent 2. Interpretation 3. A relevant transfer. this takes on the Spijkers language of whether an entity retains its identity, r.3(1)(a); the definition of economic entity as an 'organised grouping of resources' comes from Suzen too, r.3(2).