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The Information and Consultation of Employees Regulations 2004 (SI 3426/2004) are a United Kingdom statutory instrument. This follows the EU Information and Consultation of Employees Directive 2002/14/EC establishing a general framework for informing and consulting employees .
The consultation must start when the employer decides [74] or proposes [75] redundancy - any delay could entitle the employee to compensation for loss of jobseeking time. [76] Depending on size of firm and how many redundancies are proposed, it may need to include ways of avoiding redundancies, saving jobs and mitigating effects of redundancy.
The result for the employee is that he is considered redundant, and thereby should receive a compensation payment if they have been an employee for more than two years under s.135 ERA 1996. importantly, an employee dismissed by the seller of the business is deemed to have been dismissed by the purchaser too.
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.
However, there is an upper limit set on what can be considered a week's pay, which is approximately the same as a week on the minimum wage (if you were made redundant on or before 31 January 2011, it was £380 per week – from 1 February 2011 to 31 January 2012, it was £400 – currently it is £508, before tax).
Polkey v AE Dayton Services Ltd [1987] UKHL 8 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.. The phrase 'Polkey deduction' has become a standard concept in UK Employment Tribunals, as a result of this case and later ones, meaning that even if a Tribunal decides a dismissal was unfair, it must separately decide whether the compensatory ...
Information and Consultation of Employees Directive 2002/14/EC is a European Labour Law that requires undertakings to inform and consult employees on significant changes to businesses in a standing procedure, typically called a work council.
Consultation or consultative may refer to: Public consultation, a process by which the public's input on matters affecting them is sought; Consultation (Texas), the 1835 Texas meeting of colonists on a proposed rebellion against the Republic of Mexico; Consultation (doctor), a formal meeting with a medical doctor for discussion or the seeking ...