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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
"Redundancy" is a specific legal term in UK labour law with a definition in section 139 of the Employment Rights Act 1996: [19] see Redundancy in United Kingdom law. When an employer is faced with work of a particular type ceasing or diminishing at a particular location, [20] it may be perceived [by whom?] as obfuscation.
In 2002, the Court of Appeal ruled in a case brought by staff employed at Albion's Farington site in Lancashire, Albion Automotive Ltd w. Walker and others, [1] that a contractual term entitling employees to an enhanced redundancy payment could be implied into the employees' contracts of employment based on the employer's custom and practice.
Common law examples are imminent defection to competitor, [94] unreasonable refusal to agree a contract change, [95] going AWOL, [96] repeated complaints of constructive dismissal without resignation, [97] damaging breakdown in relations caused by the employee, [98] threats to resign followed by ambiguous absence, [99] imprisonment, [100 ...
The petrol station manager post would be replaced by a petrol station controller who got paid less. The work was much the same. The former job description carried some management responsibility but Mr Burrell had not in practice performed them. Mr Burrell did not apply for the new post and got redundancy. He then claimed unfair dismissal. The ...
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UK labour law's main concerns are to ensure that every working person has a minimum charter of rights in their workplace, and voice at work to get fair standards beyond the minimum. [34] It distinguishes self-employed people, who are free to contract for any terms they wish, and employees, whose employers are responsible for complying with ...