Redundancy and business reorganisation

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Author: News from the IDS Employment Law Team
Resource type: IDS Bulletins
In USDAW v Ethel Austin Ltd (in administration) and another case the EAT has granted the Secretary of State for Business, Innovation and Skills permission to appeal against its decision (Brief 977) that the words ‘at one establishment’ in S.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 must be deleted to ensure compliance with the EU Collective Redundancies Directive (No.98/59).
Author: News from the IDS Employment Law Team
Resource type: IDS Bulletins
In Lockwood v Department of Work and Pensions and anor, the Court of Appeal has upheld an employment tribunal’s decision that a voluntary redundancy scheme, which benefited older employees more than younger ones, was objectively justified less favourable treatment on the ground of age. T
Author: DANIEL OUDKERK QC, Essex Court and CHRISTINE YOUNG, Herbert Smith Freehills LLP
Resource type: ELA Briefing
Author: LIZZIE TWIGGER and CLARE FLETCHER, Slaughter and May
Resource type: ELA Briefing
The default position when advising on protective awards is to ‘assume the worst’, namely 90 days’ or 13 weeks’ pay. However, recent cases illustrate that, while these awards are punitive, reductions from the maximum are often possible.
Author: STEPHEN LEVINSON, RadcliffesLeBrasseur
Resource type: ELA Briefing
We can be sure that glasses were raised to HH Judge McMullen QC in at least 4,443 establishments when he held in Usdaw v Ethel Austin Ltd (In Administration) UKEAT/0547/12/KN (aka the ‘Woolies’ case) that the words ‘at one establishment’ in s.188(1) TULR(C)A should in future be disregarded.
Author: News from the IDS Employment Law Team
Resource type: IDS Bulletins
In Usdaw v Ethel Austin Ltd (in administration) and another case the EAT has held that the words ‘at one establishment’ in S.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 must be deleted to ensure compliance with the EU Collective Redundancies Directive (No.98/59)
Author: News from the IDS Employment Law Team
Resource type: IDS Bulletins
In Riežniece v Zemkopibas ministrija and anor the ECJ has held that the EU Framework Agreement on Parental Leave does not prevent an employer, in the context of the abolition of a post, from assessing a worker who has taken parental leave with a view to transferring that worker to an equivalent or similar post.
Author: Bernadette Daley, Mayer Brown International LLP
Resource type: ELA Briefing
As advisers, we need to be alert to a redundancy which is, in fact, a disguised performance dismissal.
Author: Caroliine Stroud, Freshfields Bruckhaus Deringer LLP
Resource type: Lecture Notes
Author: News form the IDS Employment Law Team
Resource type: IDS Bulletins
Acas has issued a new booklet on how to handle collective redundancies following the Government’s changes to the rules on collective redundancy consultation, including a reduction in the minimum consultation period from 90 days to 45 days when 100 or more redundancy dismissals are proposed within 90 days. 
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