Protected Conversations under section 111A of the Employment Rights Act – Kingsley Napley Employment Law Blog

Posted November 26th, 2024 in agreements, employment tribunals, evidence, news, redundancy, unfair dismissal by tracey

‘The recent EAT Judgment in Gallagher v McKinnon’s Auto and Tyres Limited is a useful decision for employers, having upheld the employer’s position regarding the inadmissibility of evidence relating to what was said in some pre-termination negotiations.’

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Kingsley Napley Employment Law Blog, 20th November 2024

Source: www.kingsleynapley.co.uk

ADP RPO UK Ltd v Haycocks – Blackstone Chambers

Posted November 14th, 2024 in chambers articles, consultations, news, redundancy by sally

‘On 29 October 2024, the Court of Appeal handed down judgment in the case of ADP RPO UK Ltd v Haycocks. The decision addresses the principles governing the fairness of non-statutory redundancy consultations and is the first time that the Court of Appeal had confirmed that the ‘British Coal’ principles apply to an assessment of the fairness of a redundancy procedure.’

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Blackstone Chambers, 30th October 2024

Source: www.blackstonechambers.com

Woman sacked after getting pregnant on maternity leave gets £28,000 payout – The Independent

‘A woman has been given a payout of more than£28,000 after a tribunal found she was laid off from her job because she returned from maternity leave pregnant.’

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The Independent, 23rd October 2024

Source: www.independent.co.uk

Part-time paralegal succeeds in employment tribunal over ‘sham’ redundancy exercise – Law Society’s Gazette

‘A paralegal, who could not work full-time due to her disability, has succeeded in an employment claim after a judge found she was made redundant for being a part-time employee.’

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Law Society's Gazette, 16th August 2024

Source: www.lawgazette.co.uk

Law firm employees succeed in ‘hugely sad case’ over wage deductions – Law Society’s Gazette

Posted August 13th, 2024 in employment, employment tribunals, law firms, news, redundancy, remuneration by tracey

‘Law firm employees have succeeded in their employment tribunal claim over unauthorised deductions from their wages after the sole practitioner of the firm unexpectedly died.’

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Law Society's Gazette, 13th August 2024

Source: www.lawgazette.co.uk

Successful EAT appeal on fairness of dismissal for redundancy – Cloisters

‘In Williams and ors v Compair Maxam [1982] ICR 156, the EAT laid down guidelines that a reasonable employer is expected to follow when undertaking dismissal by reason of redundancy and against which fairness or unfairness under s.98(4) ERA is judged. The fifth principle, at [162F], is: ‘The employer will seek to see whether instead of dismissing an employee he could offer him alternative employment.’’

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Cloisters, 29th July 2024

Source: www.cloisters.com

Ex-charity workers still awaiting tribunal payout – BBC News

‘Former workers at a failed charity say they have not received any money despite being awarded significant sums at an employment tribunal.’

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BBC News, 8th July 2024

Source: www.bbc.co.uk

When is an administrator an ‘officer’ of the company? – Legal Studies

‘When a company becomes insolvent, particularly if it is a large company, this will often mean that there will be a large-scale redundancy process. The requirements of the process can be technical, but there is a list of obligations that must be adhered and these are set out within the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA 1992).’

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Legal Studies, 19th April 2024

Source: www.cambridge.org

Pension crimes, fines and insolvency practitioners – Pensions Barrister

‘David Pollard of Wilberforce Chambers has written an article about the relevance of the recent Supreme Court decision in R (Palmer) – in which it was held that an administrator was not in the class of persons liable to prosecution under the Trade Union and Labour Relations (Consolidation) Act 1992 for alleged failure to give notice to the SoS of proposed collective redundancies – to crimes and fines under pensions legislation.’

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Pensions Barrister, 18th April 2024

Source: www.pensionsbarrister.com

Law group’s redundant workers awarded £570k by tribunal – Law Society’s Gazette

Posted February 8th, 2024 in compensation, consultations, employment tribunals, news, redundancy by tracey

‘Dozens of former Metamorph staff laid off when the group went under are collectively entitled to £570,000 in compensation, a tribunal has ruled.’

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Law Society's Gazette, 7th February 2024

Source: www.lawgazette.co.uk

Employment law changes to expect in 2024 – Kingsley Napley Employment Law Blog

‘From the day-one right to request flexible working to the introduction of rolled-up holiday pay, Georgia Roberts runs through the employment law changes HR must prepare for in 2024.’

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Kingsley Napley Employment Law Blog, 5th January 2024

Source: www.kingsleynapley.co.uk

Tribunal makes protective awards to staff of defunct Newcastle firm – Legal Futures

Posted August 3rd, 2023 in consultations, employment tribunals, news, redundancy by sally

‘The employment tribunal has issued protective awards in favour of 13 former employees of Newcastle firm Short Richardson & Forth (SRF) for failing to consult over their redundancies.’

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Legal Futures, 3rd August 2023

Source: www.legalfutures.co.uk

Dismissing for redundancy: making sure all other options are explored properly – 3PB

‘C was employed by the R as a live-in carer. The person for whom she cared went into hospital. Usually the R would have moved C to care for another individual. However, the effects of the pandemic were such that there was less opportunity to do so. C’s last day of work for the person for whom she cared was 8.2.20; she thereafter received no work, and no pay.’

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3PB, 5th June 2023

Source: www.3pb.co.uk

Ex-One Legal staff given pay award over redundancy without notice – Legal Futures

‘Sixty-four former employees of One Legal – the alternative business structure that owned two criminal law firms – have been granted full protective awards because they were made redundant without notice.’

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Legal Futures, 21st June 2023

Source: www.legalfutures.co.uk

New Acts – legislation.gov.uk

2023 c. 18 – Carer’s Leave Act 2023

2023 c. 17 – Protection from Redundancy (Pregnancy and Family Leave) Act 2023

Source: www.legislation.gov.uk

School chaplaincy, sermons on sexuality – and employment law: Randall – Law & Religion UK

‘Trent College is a co-educational, independent day and boarding school. It is an Anglican foundation and a registered charity [36]. Its articles of association provide that the “Objects for which the company is established are: The advancement of education of boys and girls in England, Wales or elsewhere in accordance with the Protestant and Evangelical principles of the Church of England”. The Revd Dr Bernard Randall, an Anglican priest, was employed as the College’s Chaplain. In May 2019, he delivered two sermons to the pupils about “competing ideologies” which led to his summary dismissal on 30 August 2019. On appeal, he was reinstated, subject to compliance with various management instructions. He was subsequently dismissed by reason of redundancy on 10 November 2020.’

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Law & Religion UK, 7th March 2023

Source: lawandreligionuk.com

Case Preview: R (on the application of Palmer) v Northern Derbyshire Magistrates Court and Anor – UKSC Blog

‘In this post, Ingrida Jakuseva, a paralegal within the Litigation and Arbitration department at CMS, previews the decision awaited from the Supreme Court in R (on the application of Palmer) v Northern Derbyshire Magistrates Court and Anor. The application for permission to appeal will be heard by the Supreme Court on 8 March 2023.’

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UKSC Blog, 1st March 2023

Source: ukscblog.com

Bill to extend maternity protections passes in House of Commons – The Guardian

Posted February 3rd, 2023 in bills, employment, equality, news, pregnancy, redundancy, sex discrimination, women by michael

‘A push to secure better protection from maternity discrimination has taken a step forward, after a bill extending maternity protections passed its final stage in the House of Commons.’

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The Guardian, 3rd February 2023

Source: www.theguardian.com

Sacked Twitter UK staff claim unlawful treatment in ‘sham’ redundancy – The Guardian

Posted January 12th, 2023 in dismissal, employment tribunals, news, redundancy by sally

‘A group of former workers at Twitter’s UK operation have accused the company of subjecting them to “unlawful, unfair and completely unacceptable” treatment during a “sham” redundancy process.’

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The Guardian, 11th January 2023

Source: www.theguardian.com

Dyslexic M&S worker wins payout after being sacked over mistakes in emails – The Independent

‘A dyslexic Marks and Spencer worker has won more than £50,000 after losing her job following concerns about mistakes in her emails.’

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The Independent, 27th November 2022

Source: www.independent.co.uk