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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 ...
Departmental managers picked teams of core staff who could be retained to keep the business viable. They chose on personal preference for what they thought would be good for the company, but the union was not consulted. Other employees were dismissed for redundancy and given money beyond statutory minima. Five workers claimed dismissal was unfair.
A confession could still leave a dismissal unfair if the disciplinary procedure was defective, in fact the employer must always follow a fair procedure before dismissal for misconduct. [ 132 ] If the employee is a trade union official the employer must consult a senior union leader, otherwise unfair dismissal is likely and there may easily be a ...
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 ...
The Court of Appeal laid out a three-stage test to whether there is contributory fault in an unfair dismissal claim. The test is as follows: [2] Was the employee culpable or blameworthy? Did the employee's actions cause or contribute to the dismissal? Is it just and equitable in the circumstances to reduce the award?
If it is irrelevant to the employee's right to *90 claim on the ground of unfair dismissal, or to claim a redundancy payment, whether the employee's work has ended owing to the expiry of the fixed term of the contract or owing to the expiry of the term of the notice of dismissal, it seems to me entirely consistent that the "counting" process ...
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 ...
Severance pay in Luxembourg upon termination of a work contract becomes due after five years' service with a single employer, provided the employee is not entitled to an old-age pension and the termination is due to redundancy, unfair dismissal, or covered in a collective labor agreement. [32]