Employment law 2013 review: redundancy
This year brought changes to the legislative provisions governing collective redundancy consultation. Since 6 April, where an employer proposes making 100 or more employees redundant within a 90-day period, consultation must begin at least 45 days (previously 90 days) before the first redundancy takes effect. In contrast, the 90-day maximum ‘protective award’, where an employer has failed to comply with its duty to inform and consult, has not been reduced, as it represents a punitive sanction.
In addition, employees on fixed-term contracts ‘that have reached their agreed termination point’ are now specifically excluded from collective redundancy consultation. Only those employees whose fixed-term contracts are about to end will be excluded. So fixed-term employees whose contracts are not due to end will still count.
The law has been rewritten. The Employment Appeal Tribunal (EAT) has rewritten section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, which governs collective redundancy consultation. In what is commonly referred to as the Woolworths litigation, the EAT removed the requirement that for dismissals to count towards the 20+ limit they must be ‘at one establishment’…
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
Wragges has prepared this glossary of terms to assist your understanding of some of the more common terminology used in insurance policies that you may come across in the construction industry.
A number of high-profile cases should remind those in customer-facing service industries that discrimination is an issue that should not be ignored.