UK: Relocation on redundancy – mobility clause dismissal will be unfair if clause is too wide or operated unreasonably
The recent case of Kellogg Brown & Root v Fitton and Ewer serves as a reminder to employers relocating jobs on a redundancy: if they choose to operate a mobility clause (rather than make redundancies with the offer of alternative … Continue reading
From 1 January 2017, employers will be required to notify the Ministry of Manpower of certain retrenchments. Employers should take note of this mandatory requirement, as currently the Tripartite Guidelines on Managing Excess Manpower and Responsible retrenchment only encourage employers … Continue reading
Employers should consider carefully whether it is necessary to suspend an employee at risk of redundancy and prohibit contact with colleagues or clients from the start of the consultation process.
The current global economic slowdown has meant that companies have started to look at redundancies as a cost-saving measure. This month, we take a look at the requirements relating to redundancy notifications in Singapore, Malaysia, Indonesia, Hong Kong, China, Japan … Continue reading
A recent judgment of the District Court of South Australia has held that a term providing for termination on reasonable notice should not be implied into an employment agreement because of the application of the statutory minimum period of notice … Continue reading
What happens when an employer dismisses an employee on the grounds of redundancy, but is later unable to prove that there was a genuine redundancy in that position? What if the employer is also found to have engaged in bad … Continue reading
The following article by Andrew Taggart was first published in Financial News, 22nd April 2016.
UK: Voluntary redundancy – excluding employee eligible for early retirement is prima facie age discrimination
The EAT has confirmed that excluding an employee who is eligible for early retirement from voluntary redundancy, due to the higher severance costs, is prima facie discrimination on grounds of age. The employer could not argue that the reason, severance … Continue reading
UK: Collective redundancy consultation – resignation in response to pay cut counts towards consultation threshold
In applying the threshold for collective redundancy consultation obligations of 20 proposed dismissals, all dismissals which are for a reason unrelated to the individual concerned count. This includes dismissals and re-engagements in order to change terms of employment; the ECJ … Continue reading
UK: ECJ follows Advocate General’s opinion and reinstates previous law on collective redundancy threshold
The European Court of Justice has given its judgment in the case of USDAW v Woolworths on the trigger for collective redundancy consultation obligations. In welcome news for multi-site employers, the Court has ruled that, when applying the threshold for … Continue reading