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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.
In r.4(5) it is emphasised that employees and employers can agree to change terms where this is not the case. The normal rule is that even consensual agreements are void. where an employee objects to the change in the identity of the employer, then r.4(7) states he will not transfer to the new employer.
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 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 ...
The burden of proof for this is on the employer. [4] If the employer pleads a potentially fair reason, the burden is on him to prove it. [5] As mentioned above, it would have to be capability or qualifications, conduct, redundancy or statutory requirements [6] or "some other substantial reason". [7]
This document is called a "written statement of particulars". It confirms the main express terms of the employment contract. Whilst not definitive of the entire contract, the written statement is intended to be a guide for employees' of their rights, so that they know what kind of terms and conditions of employment to expect.
Polkey v AE Dayton Services Ltd [1987] UKHL 8 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.. The phrase 'Polkey deduction' has become a standard concept in UK Employment Tribunals, as a result of this case and later ones, meaning that even if a Tribunal decides a dismissal was unfair, it must separately decide whether the compensatory ...
In the UK in 2021, of the total working population 32.5 million people were employed, there was 4.2% unemployment, and 6.6 million trade union members. The average income was £30,472, and the average working week was 36 hours. [1] United Kingdom labour law regulates the relations between workers, employers and trade unions. [2]