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Employers might want to dress up a redundancy as a business reorganisation to circumvent disciplinary procedure (e.g. right to be accompanied), [69] consultation, paid time off and redundancy payments. Employers may want to save face for both parties where the real ground is conduct [70] that was not addressed in time, capability that is ...
Lord Denning MR said that the employees were not redundant, because the employer had a legitimate business reason for wishing to vary the contracts, and the employees' non-acceptance effectively amounted to a voluntary resignation. This is a very difficult case. It arises under the Redundancy Payments Act 1965. The employers produce little ...
An employee who unreasonably refuses an offer of suitable alternative employment will not normally be entitled to redundancy pay. It is also the case that if the employer has a vacant position available which is within the skills and experience of a redundant employee, they should offer that position as a "suitable reasonable alternative".
In addition, failure on the part of an employer to provide employment standards (e.g. overtime pay, vacation pay, etc.), can result in a constructive dismissal. Nevertheless, for an employee to have a successful case for constructive dismissal, the employer's breach must be fundamental.
Losing your job can be one of the most difficult challenges you have to face in life, but negotiating a good severance package can help you get back on your feet.
Section 139 of the Employment Rights Act 1996 defines the two situations in which a redundancy may occur: (a) the fact that his employer has ceased or intends to cease— (i) to carry on the business for the purposes of which the employee was employed by him, or (ii) to carry on that business in the place where the employee was so employed, or
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 ...
A less severe form of involuntary termination is often referred to as a layoff (also redundancy or being made redundant in British English). A layoff is usually not strictly related to personal performance but instead due to economic cycles or the company's need to restructure itself, the firm itself going out of business, or a change in the function of the employer (for example, a certain ...