A table setting out how to calculate a week's pay for various rights under the Employment Rights Act 1996.
In Rutherford v Towncircle Ltd (t/a Harvest) (in liquidation) and Secretary of State for Trade and Industry and Bentley v Secretary of State for Trade and Industry, an employment tribunal holds that the exclusion of employees aged over 65 from the right to bring a claim for unfair dismissal compensation, or from entitlement to a redundancy payment upon dismissal, is contrary to European law.
In Albion Automotive Ltd v Walker and others, the Court of Appeal upholds an employment tribunal's decision that an employer who made enhanced redundancy payments according to an agreed policy for a number of years created a custom and practice from which the tribunal could infer that the employer and/or its successors intended to be contractually bound to make those payments.
There is an implied term in a contract of employment that, once an employer has determined that an employee will be dismissed by reason of redundancy, in circumstances where his or her dismissal for any other reason will defeat his or her right to enhanced contractual redundancy benefits, the employer may not lawfully dismiss him or her for any reason other than redundancy, except for good cause, the High Court holds in Jenvey v Australian Broadcasting Corporation.
In Rutherford v Towncircle Ltd and Secretary of State for Trade and Industry (No.2) and Bentley v Secretary of State for Trade and Industry (22 August 2002), an employment tribunal has ruled that the statutory upper age limit of 65 on the right to claim unfair dismissal and the right to a redundancy payment is indirectly discriminatory against men and contrary to EU law.
An employer acted in breach of the implied contractual duty of trust and confidence when it failed to offer an employee new, enhanced contractual redundancy terms given to all other permanent employees, in the genuine but mistaken belief that he was not a permanent employee, holds the Court of Appeal in Transco plc v O'Brien.
A recent employment tribunal decision could herald the end of the traditional retirement age as we know it.
The Employers Forum on Age (EFA) is unhappy that the Government is to appeal against a landmark employment tribunal ruling on older workers.
In a landmark hearing, an employment tribunal has ruled that men aged over 65 can pursue claims for redundancy and unfair dismissal.
A recent tribunal ruling giving over-65s the right to protection from unfair dismissal could open the floodgates to claims from those dismissed in the past - and even from relatives of dead employees.
HR and legal information and guidance relating to redundancy payments.