Redundancy

Australia: Employment Taxes Update – April 2018

Our colleagues at Greenwoods + Herbert Smith Freehills have published their April update on Employment Taxes. Click here to discover more.

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Filed under Jurisdiction: Australia, Redundancy, Remuneration (including bonus and incentive plans)

UK: Unfair dismissal rulings on reasonable responses test, bumping, and egregious breaches

An employee’s refusal to accept that they have breached their duties is relevant to whether dismissal is within the range of reasonable responses for unfair dismissal purposes. In Reilly v Sandwell Metropolitan Borough Council, the Supreme Court ruled that it … Continue reading

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Filed under Jurisdiction: UK, Redundancy, Termination of employment

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 … Continue reading

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Filed under Jurisdiction: Asia, Redundancy, Termination of employment

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 … Continue reading

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Filed under Jurisdiction: France, Redundancy

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 … Continue reading

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Filed under Jurisdiction: France, Redundancy

France: The Loi Travail – Introduction

One of Emmanuel Macron’s key campaign promises was the reform of laws relating to employees partly, in order to help French companies respond in a more flexible manner to the challenges they are facing to become more competitive in the … Continue reading

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: France, Redundancy, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights

UK: Employees overseas – territorial scope of collective redundancy obligations

The EAT has confirmed that the obligation to consult about collective redundancies applies where the employees assigned to an establishment have a sufficiently strong connection to Great Britain and British employment law; it is not the connection of the establishment … Continue reading

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

UK: Employees overseas – need for caution in using standard employment contracts

The fact that an employee working overseas is on an employment contract governed by English law is a relevant factor in determining whether he can bring an unfair dismissal claim in England, even if it was simply a standard contract … Continue reading

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

China: Guidance on what a “major change in objective circumstances” means

A recent judicial interpretation (Interpretation) issued jointly by the Supreme People’s Court and the Labour Dispute Arbitration Committee in Beijing provides timely clarification (among other things) of what is meant by the term “major change of objective circumstances” in the … Continue reading

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Filed under Jurisdiction: Asia, 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

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Filed under Jurisdiction: UK, Redundancy