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In a redundancy situation the employer must consult [73] those in the "pool" identified at risk and carry out a fair selection. The consultation must start when the employer decides [ 74 ] or proposes [ 75 ] redundancy - any delay could entitle the employee to compensation for loss of jobseeking time. [ 76 ]
In particular, the employer will seek to agree with the union the criteria to be applied in selecting the employees to be made redundant. When a selection has been made, the employer will consider with the union whether the selection has been made in accordance with those criteria. 3.
An injunction could be awarded to enforce a contractual disciplinary procedure, [7] but because compensation is usually an adequate remedy for premature termination, an injunction is generally not available to keep a job going, [8] even in a redundancy situation where the selection process has been circumvented. Action for wrongful dismissal ...
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 ...
Section 139 of the Employment Rights Act 1996 defines the two situations in which a redundancy may occur: (a) the fact that his employer has ceased or intends to cease— (i) to carry on the business for the purposes of which the employee was employed by him, or (ii) to carry on that business in the place where the employee was so employed, or
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He was made redundant and claimed unfair dismissal in the Aberdeen Employment Tribunal. Halliburton argued they had no jurisdiction, because Mr Ravat worked in Libya. He spent 28 days there, and came back home to Preston for 28 days, travel paid by Halliburton, when he only checked the odd email, as under the ‘International Commuter ...