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

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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

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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.

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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

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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

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Filed under Jurisdiction: Australia, 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

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Filed under Jurisdiction: Asia, Redundancy

UK: What are my rights if my job is relocated due to Brexit?

The following article by Andrew Taggart was first published in Financial News, 22nd April 2016.

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Filed under Jurisdiction: UK, Redundancy

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

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Filed under Discrimination and equal pay, Jurisdiction: UK, Redundancy

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

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Filed under Jurisdiction: UK, Redundancy

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

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Filed under Jurisdiction: UK, Redundancy