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Compair Maxam Ltd was losing business. Departmental managers picked teams of core staff who could be retained to keep the business viable. They chose on personal preference for what they thought would be good for the company, but the union was not consulted. Other employees were dismissed for redundancy and given money beyond statutory minima.
The Court of Appeal applied a "contract test" to the question of redundancy: whether an employee was redundant was to be determined by reference to the terms (explicit or implied) in their employment contract. This, along with the "function test" was subsequently rejected by the House of Lords in Murray v Foyle Meats Ltd. [3
Kaur v MG Rover Group Ltd [2004] EWCA Civ 1507 is a UK labour law case concerning the contract of employment.It held that promises to make no compulsory redundancies in a collective agreement were "aspirational" and not apt for being incorporated into individual contracts of employment.
Mr. Abernethy, a civil engineer, claimed unfair dismissal under the Industrial Relations Act 1971, Section 24, from his firm of 20 years, Mott, Hay and Anderson, after declining a secondment to work for the Greater London Council and then being told he was redundant. He was offered £850 in redundancy and £750 ex gratia. They argued he was ...
In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court , have the power to "remand [a] cause and ... require such further proceedings to be had as may be just under the circumstances."
The Employment Rights Act 1996 regulates this by saying that employees are entitled to a fair reason before being dismissed, based on their capability to do the job, their conduct, whether their position is economically redundant, on grounds of a statute, or some other substantial reason. It is automatically unfair for an employer to dismiss an ...
A less severe form of involuntary termination is often referred to as a layoff (also redundancy or being made redundant in British English). A layoff is usually not strictly related to personal performance but instead due to economic cycles or the company's need to restructure itself, the firm itself going out of business, or a change in the function of the employer (for example, a certain ...
The reasons laid out that an employer can dismiss are in s.98(2). Fair reasons to dismiss an employee are if it, (a) relates to the capability or qualifications of the employee for performing work of the kind which he or she was employed by the employer to do, (b) relates to the conduct of the employee, (c) is that the employee was redundant, or