Redundancy

UK: Redundancy – EAT rules on selecting for a reduced number of roles

The EAT's decision in Green v London Borough of Barking & Dagenham highlights the need for employers to ensure they adopt a fair process on a restructuring, even when the situation is one of deletion of several roles and selection … Continue reading

Leave a Comment

Filed under Jurisdiction: UK, Redundancy

UK: Redundancy – EAT rules on approach to suitable alternatives

Employers considering withholding a statutory redundancy payment, on the ground that they have offered a suitable alternative job which has been refused, should encourage employees to disclose any reasons they have for rejecting the alternative offered prior to a final … Continue reading

Leave a Comment

Filed under Jurisdiction: UK, Redundancy

Hong Kong: The labour policy promises of the new Chief Executive

On 26 March 2017, Carrie Lam Cheng Yuet-ngor was elected as the city's next (and first female) chief executive, after winning 777 votes from a 1,194-member election committee. In a 520-page manifesto, Carrie Lam set out her policy campaign including, … Continue reading

Leave a Comment

Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Redundancy

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

Leave a Comment

Filed under Jurisdiction: UK, Redundancy, Termination of employment

Singapore: Mandatory retrenchment notifications from 1 January 2017

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

Leave a Comment

Filed under Jurisdiction: Asia, Redundancy

UK: Redundancy – suspending employee during consultation could be unfair

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.

Leave a Comment

Filed under Jurisdiction: UK, Redundancy

Asia: redundancy notifications

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

Leave a Comment

Filed under Jurisdiction: Asia, Redundancy

Australia: Reasonable notice update

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

Leave a Comment

Filed under Jurisdiction: Australia, Redundancy, Termination of employment

Asia: Mutual separations and exiting employees

HR practitioners and in-house counsel have often had to think about mutual separations as a way to 'exit' employees. This month, we take a look at some frequently-asked questions in Singapore, Hong Kong, Japan, China, Indonesia and Thailand.

Leave a Comment

Filed under Jurisdiction: Asia, Redundancy, Termination of employment

Malaysia: Punitive damages in unfair dismissal cases

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

Leave a Comment

Filed under Jurisdiction: Asia, Redundancy