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In case of termination due to redundancy, the law requires workplaces to fire their staff according to a list of seniority (Swedish: turordningslista). Given similar tasks, the last employee to be hired will be the first to be fired. In the case of similar age amongst employees, priority is given to older employees.
Peter Clark J held the Tribunal had used the wrong test for redundancy as understood from ERA 1996 section 139(1)(b). The right one is to ask (1) whether the employer’s need for employees had diminished and (2) whether the dismissal was caused by the diminution. So the case was remitted to be reheard.
art 2, establishes the scope and says short fixed term, probationary or casual workers may be excluded; art 3, defines termination as at the initiative of the employer; art 4, says the employer must have a valid reason for termination based on "the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service"
An employee who is dismissed may also have breach of contract claim(s), based on common law. Common law claim(s) may be brought in a county court. Employment tribunals are spread around the country, in most towns. The right to bring a case falls under Part X, Chapter 2, s.111. 111.— Complaints to employment tribunal
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The Redundancy Payments Act 1965 (c. 62) was an act of the Parliament of the United Kingdom that introduced into UK labour law the principle that after a qualifying period of work, people would have a right to a severance payment in the event of their jobs becoming economically unnecessary to the employer. The functions of the redundancy ...
2. Interpretation 3. A relevant transfer. this takes on the Spijkers language of whether an entity retains its identity, r.3(1)(a) the definition of economic entity as an 'organised grouping of resources' comes from Suzen too, r.3(2). it also now applies explicitly to a 'service provision change', i.e. contracting out services.
An Act to make provision to extend the period following the Northern Ireland Assembly election of 5 May 2022 during which Ministers may be appointed and after which the Secretary of State must propose a date for another election; about the exercise of functions in the absence of Northern Ireland Ministers; to confer powers on the Secretary of ...