Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld and Another
Court of Appeal
“A person who was a majority shareholder and director of a company could also be an employee of that company under a contract of employment, even if he had total control of the company.”
The Times, 10th April 2009
Source: www.timesonline.co.uk
“Thousands of workers made redundant by major City institutions could have a legal claim without realising it, according to lawyers.”
The Times, 7th April 2009
Source: www.timesonline.co.uk
“Simon Davies, Linklaters’ managing partner, says that the good times will return to big City firms – but in a different guise.”
The Times, 2nd April 2009
Source: www.timesonline.co.uk
“Struggling companies seeking to cut staff are avoiding the cost of redundancy payments by sacking workers for spurious reasons or falsely claiming they face only a temporary layoff, figures from advice groups and tribunals show.”
The Guardian, 16th February 2009
Source: www.guardian.co.uk
“Clifford Chance, the world’s largest law firm by revenues, has begun a redundancy consultation that could see up to 80 lawyers losing their jobs in London.”
The Times, 8th January 2009
Source: www.timesonline.co.uk
Court of Appeal
“Protective awards made by an employment tribunal following the failure of a company to comply with its statutory obligation to consult concerning collective redundancies before going into liquidation were contingent debts of the company and therefore provable debts in the liquidation.”
The Times, 22nd July 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Hundreds of steelworkers who lost their jobs in Newport will receive a share of nearly £2m in redundancy money.”
BBC News, 13th June 2008
Source: www.bbc.co.uk
Day v Haine and another [2008] EWCA Civ 626; [2008] WLR (D) 188
“Where a company had failed to comply with its statutory obligation to consult its workforce before going into liquidation and subsequently protective awards were made by an employment tribunal, the obligation had arisen before the liquidation and the protective awards were therefore contingent debts of the company within rr 12.3 and 13.12 of the Insolvency Rules 1986 and provable in the liquidation. Moreover, the failure to consult concerning collective redundancies also infringed European law which the United Kingdom was under a duty to implement and to ensure that the penalty for infringement would be effective, proportionate and dissuasive.”
WLR Daily, 12th June 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
UK Coal Mining Ltd v. National Union of Mineworkers (Northumberland Area) and Another
Employment Appeal tribunal
“Where an employer was proposing to dismiss employees for redundancy, the obligation to consult arose at the point when closure of the enterprise was fixed as a clear, albeit provisional, intention and included consultation over the reason for the closure.”
The Times, 23rd November 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication
“Following a landmark legal ruling this week, employers will now need to consult trade unions before they make a decision to close a workplace in the UK.”
BBC News, 26th October 2007
Source: www.bbc.co.uk
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