In holding that an employer did not fundamentally breach an employee's contract by failing to make her redundant, the Employment Appeal Tribunal has suggested that a redundancy situation will not arise where there is only a diminution in an employer's need for particular work to be carried out, rather than a reduction in the number of employees required to do that work.
The Employment Appeal Tribunal has affirmed the employment tribunal's decision that an employee, who was dismissed because of the employer's downturn in work and consequent reduction in the hours to be worked, was dismissed by reason of redundancy, even though there was no reduction in the employees required.
A model letter to inform an employee of the outcome of an appeal against redundancy where the employer offers an appeal stage in its redundancy process.
A model letter to invite an employee to a meeting to hear his or her appeal against redundancy where the employer offers an appeal stage in its redundancy process.
A model policy to allow for a right of appeal where an employee considers that redundancy selection criteria have been unfairly applied, when drafting a staff handbook or redundancy policy.
A model contract clause to set out how the employee's notice period will work in the event of redundancy.
This week's case of the week, provided by DLA Piper, covers estoppel from bringing a second tribunal claim in relation to the termination of employment.
In the wake of the employment tribunal decisions in Michalak v Mid Yorkshire Hospitals NHS Trust and Browne v Central Manchester University Hospitals NHS Trust, in which former employees were awarded compensation of nearly £4.5 million and £1 million respectively, these five cases address various employment disputes that arose in the NHS.
Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
A model letter to offer alternative employment to an employee whose job has been identified as redundant.
HR and legal information and guidance relating to redundancy.