Commentary and analysis

All items: Dismissal

  • Covid-19 and recession: Is redundancy the only option?

    Date:
    15 September 2020

    With job losses never far from the headlines and the end of the furlough scheme looming, businesses are evaluating the future shape of their workforce. Adam Penman explains how HR should approach redundancy decisions and reflects on the alternatives.

  • Should you enforce restrictive covenants during a pandemic?

    Date:
    25 August 2020

    Non-compete clauses and other restrictive covenants are often used to prevent an employee from taking an organisation's commercial secrets to a competitor when they leave. But is it fair to enforce them when job opportunities are limited? Imogen Finnegan, senior consultant at Bellevue Law, weighs up the pros and cons.

  • Can remote redundancy conversations be sensitive and fair?

    Date:
    4 August 2020

    With job losses continuing to hit the headlines, many employers are wrestling with the practical issues involving redundancy consultations, and how to conduct these in a sensitive way despite restrictions. Stuart Duff looks at the role of video in difficult conversations.

  • How does the Government plan to cap public-sector exit payments?

    Date:
    27 July 2020

    The Government has published its response to the April 2019 consultation on capping public-sector exit payments at £95,000. We look at the detail of the proposals and how they could affect redundancies and reorganisations in the public sector.

  • Survivor's guilt: Supporting staff who have avoided redundancy

    Date:
    12 June 2020

    With mass redundancies expected over the coming months, it's easy to focus on supporting those losing their jobs. But "survivors" also need reassuring that their job is safe and the process was conducted fairly. Jamie Mackenzie offers some tips for HR.

  • Coronavirus: Collective redundancy consultation and the special circumstances defence

    Date:
    24 April 2020

    With many employers potentially having to make redundancies as a result of the coronavirus crisis, consultant editor Darren Newman considers the likelihood of the "special circumstances" defence applying if they fail to comply with their collective consultation obligations.

  • Redundancy consultation: Preparations for the end of the coronavirus furlough scheme

    Date:
    24 April 2020

    Although the Coronavirus Job Retention Scheme currently offers a short-term alternative to redundancies, when it comes to an end there is no doubt that many organisations will have no alternative but to make some of their workforce redundant. This raises the question for HR of how the redundancy consultation obligations run alongside this period of furlough. Consultant editor Darren Newman examines the issues.

  • April 2020 employment law changes: Eight tasks for HR

    Date:
    19 March 2020

    Each April, HR professionals must ensure that their organisation complies with the latest round of amended employment laws and deadlines. As well as dealing with the ongoing impact of coronavirus (Covid-19), important issues for HR in April 2020 include changes to written statements of terms and conditions, the introduction of parental bereavement leave and pay, and changes to the law on calculating holiday pay for workers with irregular hours.

  • Unfair dismissal: When should a manager's unreasonable conduct be taken into account?

    Date:
    5 March 2020

    Consultant editor Darren Newman looks at recent unfair dismissal cases, including Royal Mail Group Ltd v Jhuti, which concern the knowledge of the decision-maker and asks when the unreasonable conduct of another manager should be taken into account in deciding whether or not the decision to dismiss is fair.

  • Can a constructive dismissal ever be fair?

    Date:
    22 November 2019

    Consultant editor Darren Newman considers if an employer can ever be successful in claiming that a constructive dismissal is fair in the light of two recent cases lost by employers.

About this category

Commentary and analysis: HR and legal information and guidance relating to dismissal.