Originally posted on 17 Dec 2013
In an interesting article published on 16 December 2013, Roland Doughty (a partner at lawyers Slaughter and May) looks back on the most important developments of the last 12 months in legislation and case law on redundancies. His article is published in People Management, here.
Extracts from what he wrote are:
• In April, the minimum consultation period for an employer proposing 100 or more redundancies was reduced from 90 to 45 days. The same reduction was made to the period of notice which employers must give to the Department for Business, Innovation & Skills (BIS). At the same time, the expiry of fixed-term contracts was excluded from the collective redundancy rules.
• In November, BIS published draft regulations, due to take effect in January, altering how TULR(C)A provisions apply in a Tupe context. The amendments allow transferees to start collective redundancy consultation before a transfer takes place, if the transferor agrees and various notification requirements are met.
Two EAT decisions this year have provided useful guidance on the difficult process of selecting employees for redundancy:
• In Mental Health Care (UK) Ltd v Biluan, the EAT criticised the employer’s use of forward-looking selection criteria which were normally used in recruitment exercises, and which gave no consideration to past performance. It concluded the dismissals based on such criteria were unfair.
• More recently in Jackson v Stephensons College, the EAT criticised an employer’s decision to reject an applicant for voluntary redundancy and make a colleague compulsorily redundant in his place. Again, that dismissal was found to be unfair.
As well as the usual increase to the maximum amount of statutory redundancy pay (which now stands at £13,500), 2013 saw some key cases on the calculation of enhanced redundancy pay, and the risk of age discrimination which accompanies such payments.
Many enhanced redundancy schemes award larger sums to older workers, to reflect the perceived difficulty such workers face in securing alternative employment. The Court of Appeal has recently rejected an argument that such a scheme constituted unlawful age discrimination against younger workers, finding it to be objectively justified (Lockwood v Department for Work and Pensions).
Are you using Bizezia’s Work Manual? You can create your own office policies and procedures manual on a fully-editable online system. Additionally, you can use Work Manual to create office policies and procedures manuals as an additional fee-generating service to clients of accountancy and law firms. It:
• Protects the firm and employees with clear policies and procedures;
• Helps with Practice Assurance or other quality assurance standards in professional firms;
• Is available online 24/7, from anywhere in the world.
• Work Manual now comes with templates for Contracts of Employment, Written Employment Particulars and a comprehensive editable Job Description Library as well as optional additional work policies.
You can use Work Manual for your firm to:
Use Work Manual for your clients to:
• Provide a great new service to give your clients
• Earn additional fee income
• Build client loyalty
He was a Council member of the Institute of Chartered Accountants in England and Wales from 1988 to 1996.
Martin Pollins ran his own firm based in Sussex and was the first Accountancy firm in the UK to advertise on television and Martin went on to create and launch the CharterGroup Partnership (the UK's first Accountancy network) and then LawGroup UK (one of the largest networks of lawyers in the country).
Martin started work on the Bizezia concept in 1996, developing the broad range of information resources and products over the past 18 years.
Latest posts by Martin Pollins (see all)
- It’s much better to be different than it is to be better - March 19, 2015
- Here’s the way to a better practice - March 16, 2015
- Here’s how to find the time to… - March 10, 2015