UK: proposals to extend redundancy protection for employees who are pregnant or returning from maternity leave

The Government has published a consultation until 5 April 2019 on proposals to extend the current period of protection for women on maternity leave during which they are given priority over any suitable alternative vacancies should their role be made redundant. (An employer’s failure to offer any such available vacancies renders the consequent redundancy dismissal … Read more

UK: No privilege for advice on how to “cloak” dismissal on basis of discrimination as dismissal for redundancy

The Employment Appeal Tribunal in X v Y Ltd has ruled that an email containing advice from an in-house lawyer was not protected by privilege due to the “iniquity principle”, as there was a strong prima facie case that it advised on how to “cloak” as dismissal for redundancy the claimant’s dismissal resulting from allegations of disability … Read more

China: How to Approach Employee Dismissals

Under PRC law, an employment contract can be terminated in three main ways, namely resignation by the employee, unilateral termination by the employer, or mutual separation. While resignation by the employee is generally straightforward, while other paths to termination must be manged carefully to mitigate risk. We recap the key points to consider with each … Read more

France: The Loi Travail – Briefing 4

This briefing summarises the Macron reforms in relation to the introduction of a new codified right to make collective terminations by agreement (outside of a social plan). This is a change from the current situation, permitted by case law, where an employer can ask for volunteers for redundancy, but only within the scope of voluntary … Read more

France: The Loi Travail – Briefing 3

This briefing summarises the Macron reforms in relation to the simplification of redundancy processes: limiting the economic difficulties test to the business sector in France exclusively; refining what is a business sector; reducing the redeployment obligations – limiting these to France; for companies making less than 10 redundancies in 30 days : simplifying the scope … Read more