Payments described as "redundancy payments" made by the Secretary of State to employees of an insolvent employer did not operate to break continuity of employment after a transfer of that undertaking which fell within the Transfer of Undertakings Regulations, holds the EAT in Lassman and others v Secretary of State for Trade and Industry.
In Simpson v British Timken Ltd a Bedford employment tribunal (Chair: K Underwood) has decided to make a reference to the European Court of Justice as to whether the upper age limit of 65 on the right to a statutory redundancy payment is contrary to EC law.
In London Borough of Hammersmith & Fulham v Jesuthasan the Court of Appeal has ruled that a male part-time worker employed in the public sector was entitled to rely on the 1994 decision of the House of Lords in ex parte Equal Opportunities Commission to claim a redundancy payment and compensation for unfair dismissal in respect of a dismissal occurring before the minimum hours per week qualifications were removed by the Employment Protection (Part-Time Employees) Regulations 1995.
In Nash v Mash/Roe Group a London South industrial tribunal (Chair: R Peters) has set aside the statutory upper age limit of 65 for bringing a complaint of unfair dismissal or a redundancy payment claim on grounds that it is incompatible with EC law and indirectly discriminates against men.
A fixed-term contract for a duration of one year or more may be extended or renewed beyond its original expiry date by a shorter period without creating a new contract of employment, holds the Court of Appeal in British Broadcasting Corporation v Kelly-Phillips.
The upper age limit on employees claiming unfair dismissal and statutory redundancy pay is contrary to Article 119 of the Treaty of Rome because it indirectly discriminates against men and is not objectively justified, holds a London South industrial tribunal in Nash v Mash/Roe Group Ltd.
In Barry v Midland Bank plc the Court of Appeal has ruled that a redundancy pay scheme whereby severance pay is calculated on the basis of the employee's current pay at the date of termination does not contravene Article 119 of the EC Treaty even though it disadvantages part-time workers who previously worked full time by not taking into account any full-time service they may have had.
The excess of any redundancy payment made to an employee over and above the basic award for unfair dismissal (that is, the equivalent of any statutory redundancy payment which is due) must be deducted from the compensatory award after any Polkey reduction in compensation has been made to reflect the percentage chance that the employee would have been dismissed in any event, holds the Court of Appeal in Digital Equipment Co Ltd v Clements.
A contract of employment for a fixed term may be "extended" or "renewed" as to its term or duration leaving that same contract in place, holds the EAT in Bhatt v Chelsea & Westminster Health Care Trust and another.
A purported unfair dismissal waiver was invalid because the last in a series of fixed-term contracts under which an employee worked was for less than one year's duration, holds the EAT in British Broadcasting Corporation v Kelly-Phillips.
HR and legal information and guidance relating to redundancy payments.