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Redundancy payments

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  • Date:
    1 December 2003
    Type:
    Law reports

    Upper age limit of 65 lawful

    In Secretary of State for Trade and Industry v Rutherford and others (No.2) (2 October 2003), the EAT held that the statutory upper age limit of 65 on the right to claim unfair dismissal and the right to a redundancy payment is not indirectly discriminatory against men.

  • Date:
    1 November 2003
    Type:
    Law reports

    Case round-up

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

  • Date:
    7 March 2003
    Type:
    Law reports

    Unfair dismissal/ redundancy: Upper age limits for unfair dismissal and redundancy ruled unlawful

    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.

  • Date:
    1 March 2003
    Type:
    Law reports

    Case round-up

    Our resident experts at Pinsent Curtis Biddle bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

  • Date:
    10 January 2003
    Type:
    Law reports

    Contracts of employment: Contractual entitlement to enhanced redundancy terms arose by custom and practice

    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.

  • Date:
    10 January 2003
    Type:
    Law reports

    Contracts of employment: Dismissal to avoid contractual redundancy payment was unlawful

    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.

  • Date:
    1 November 2002
    Type:
    Law reports

    Tribunal strikes down age limit

    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.

  • Date:
    21 October 2002
    Type:
    Law reports

    Contracts of employment: Failure to offer new contract breached duty of trust and confidence

    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.

  • Date:
    8 October 2002
    Type:
    Law reports

    Older and wiser and not ready for the scrapheap

    A recent employment tribunal decision could herald the end of the traditional retirement age as we know it.

  • Date:
    1 October 2002
    Type:
    Law reports

    Government appeals age bias ruling

    The Employers Forum on Age (EFA) is unhappy that the Government is to appeal against a landmark employment tribunal ruling on older workers.

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HR and legal information and guidance relating to redundancy payments.

Redundancy pay calculator

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Redundancy payments: key resources