Redundancy and business reorganisation

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Author: Clive Howard, Russell Jones & Walker
Resource type: ELA Briefing
The EAT decision in Hardy v Tourism South East gives clear guidance on the potentially wide application of s.188 of TULR(C)A 1992. Even if the employer is not intending to make employees redundant, because of the possibility of redeployment or employment on new terms and conditions, s.188 is still engaged.
Author: Sejal Raja, partner, Radcliffes Le Brasseur
Resource type: ELA Briefing
The Employment Act 2002 (Dispute Resolution) Regulations 2004 introduce statutory dismissal and disciplinary procedures (DDP) that are binding on employers and employees. Sejal Raja considers how the regulations, and in particular the standard DDP, will affect a redundancy process
Author: Andrew Taggart, Herbert Smith
Resource type: ELA Briefing
Andrew Taggart offers advice for employment lawyers as he considers the TUPE and redundancy related information and consultation obligations, as well as the adoption of employment contracts, that can arise in corporate insolvency
Author: Paul Troop, Tooks Court Chambers
Resource type: ELA Briefing
Mr Rutherford and Mr Bentley were employees dismissed after their 65th birthdays who claimed unfair dismissal and redundancy respectively. In neither case was there a normal retirement age for the purposes of the Employment Rights Act 1996 (ERA 1996), so the default retirement age of 65 applied in both cases.
Author: Joanne Owers is a partner at Charles Russell
Resource type: ELA Briefing
The EAT appeal before Mr Justice Wall was heard on 22 and 23 May. The Secretary of State for Trade & Industry, represented by David Pannick QC, was seeking to overturn the unanimous decision of the tribunal in Stratford of 22 August 2002, which ruled that the statutory bar on those over 65 claiming unfair dismissal or a statutory redundancy payment indirectly discriminated against men, contrary to Article 141 of the EC Treaty and was not objectively justified.
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