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Incompetent employer does not necessarily make a dismissal unfair.

Employment solicitors who act for respondents are probably all breathing a sigh of relief following a decision by the Employment Appeal Tribunal. The case in question (Osoba v Chief Constable of Herts) related to a claim for unfair dismissal and age discrimination following a redundancy proceedings. The issue in this case revolved around the scoring … Read more

Case Study: Redundancy and Unfair Dismissal. A Witness can make all the difference.

We were consulted by an individual who felt that he had been unfairly selected for redundancy. His employer, a large manufacturing company, decided to restructure one of its factory operations and as part of this process, having taken advice from its Human Resources department, it decided that, once it had created the new structure, it … Read more

Collective redundancy consultations: Government changes

On the 6th April 2013 the Government introduced a rather significant change to the rules relating to collective redundancy that companies have to abide by. With regard to what it meant by collective the Government have classed it as any company that is looking to make 100 or more staff members redundant. The rule change … Read more

Osborne: “Give up your employee rights and own a slice of the company”

George Osborne resurrected controversial plans to dilute workers’ rights by announcing at the Conservative Party Conference that employees can give up some of their legal rights at work in return for shares in the company. Already being called “Beecroft by the back door”, referring to the divisive report on employment legislation by venture capitalist and … Read more

Ministry of Justice confirms introduction of Employment Tribunal Fees

We knew it was in the pipeline and this week the Ministry of Justice set out its’ plans for introducing fees to the employment tribunal system. It is currently proposed that these fees will commence in Summer 2013. If you are an individual wanting to bring a claim against your employer this is currently free … Read more

Headcount reduction not necessary for redundancy

In the recent case of Packman t/a Packman Lucas Associates v Fauchon (EAT/0017/12) the Employment Appeal Tribunal confirmed that an employee who was dismissed because of a downturn in the employer’s work (and therefore a reduction in the hours to be worked) was dismissed on grounds of redundancy – even though there was no reduction … Read more