In Framptons Limited v Mrs L Badger & others EAT/0138/06, the Employment Appeal Tribunal holds that employees made redundant following a TUPE transfer were entitled to receive enhanced redundancy payments pursuant to a collective agreement made between their previous employer and the union, despite its purported expiry in 2002.
A table listing the "relevant date" for the purpose of determining whether or not an employee has the right to a redundancy payment.
This week's case round-up from Eversheds, covering upper age limits for unfair dismissal and redundancy payments.
This week's case round-up from Eversheds, covering redundancy pay.
In Bowyer v Siemens Communications Ltd, the EAT holds that, in order for s.122(4) of the Employment Rights Act 1996 - the offsetting of the basic award by the amount of any payment made by the employer to the employee on the ground that the dismissal was by reason of redundancy - to come into play, a tribunal must find that an employee's dismissal is actually on the ground of redundancy.
Practical guidance on implementing a lay-off or short-time working, including entitlement to guarantee payments and statutory redundancy pay.
In Rutherford and another v Secretary of State for Trade and Industry, the Court of Appeal holds that an employment tribunal erred in law in holding that the upper age limit default provisions in the Employment Rights Act 1996 relating to unfair dismissal and redundancy payments were indirectly discriminatory against men.
HR and legal information and guidance relating to redundancy payments.