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Redundancy is a topic in itself and there are regulations for where over 20 staff are at risk, whereby unions or employee representatives have also to be consulted. There are, however, always minimum requirements for consultation, selection and alternative employment.
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
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. Five workers claimed dismissal was unfair.
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 ...
If it is irrelevant to the employee's right to *90 claim on the ground of unfair dismissal, or to claim a redundancy payment, whether the employee's work has ended owing to the expiry of the fixed term of the contract or owing to the expiry of the term of the notice of dismissal, it seems to me entirely consistent that the "counting" process ...
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
Roksolana Mokhnenko fled Kyiv with her brother, mother, husband and their cat.
The qualifying period for redundancy is having worked for two years with the same employer (s.155). You are not entitled to redundancy if you have simply reached retiring age (s.156). And nothing prevents the employer from making a dismissal for misconduct or capability, as outlined under the fairness provisions for dismissal (s.98).