Redundancy

?
s.139 ERA 1996
Closure of business, work place or a reduced need for work of particular kind
1 of 22
High Tables v Horst
Redundant even if have mobility clause. Factual Test. Waitresses.
2 of 22
Murray v Foyle Meats
Reduced need for work of particular kind. Even if have flexibility clause.
3 of 22
Morton Sundour Fabrics v Shaw
Resigning before redundancy notice served is not redundancy dismissal
4 of 22
Home Office v Evans
Dismissal for refusing to comply with mobility clause is not redundancy dismissal.
5 of 22
Kellogg Brown and Root v Fitton
Mobility clause can result in redundancy dismissal. Circumstances important. Near retirement, no car etc.
6 of 22
Williams v Compair Maxam
Fair Process: Warning, Fair Selection, Consultation, Consideration of Alternative Employment/ Right of Appeal
7 of 22
Taymech v Ryan
Selection pool for employer to decide. Pool of one.
8 of 22
Whiffen v Milham Ford Girls School
Selection pool - be wary of indirect sex discrimination. Temp workers first to be selected.
9 of 22
Rolls Royce v Unite the Union
Age based redundancy is not discriminatory.
10 of 22
Mental Health Care v Biluan
Must comply to reasonable selection methods.
11 of 22
Polkey v AE Dayton Services
Need to consult even if it would not make a difference.
12 of 22
King v Eaton
Fair consolation: Early stage, Adequate Time and Info and consideration of a response
13 of 22
Vokes v Bear
Employer has a duty to make reasonable efforts to find alternative employment.
14 of 22
Sefton BC v Wainwright
Special position for those on maternity leave.
15 of 22
s.138 ERA 1996
Statutory Trial Period (4 weeks)
16 of 22
s.141(3) ERA 1996
Lose statutory redundancy pay if rejection of alternative employment is unreasonable.
17 of 22
Cambridge Co-op v Ruse
Reasonableness of alternative employment is assessed subjectively.
18 of 22
Morgan v Welsh Rugby Union
Employer has freedom in how to select for a NEW role. 2 rugby coaches. 1 senior role.
19 of 22
s.52 ERA 1996
Time off Rights (2 years service)
20 of 22
s.135 ERA 1996
Statutory Redundancy Pay (2 years service, age/service/weekly pay)
21 of 22
Park Cakes v Shumba
Implied Custom and Practice Term (Frequency/ Consistency/ Extent publicised/ Conflict?)
22 of 22

Other cards in this set

Card 2

Front

Redundant even if have mobility clause. Factual Test. Waitresses.

Back

High Tables v Horst

Card 3

Front

Reduced need for work of particular kind. Even if have flexibility clause.

Back

Preview of the back of card 3

Card 4

Front

Resigning before redundancy notice served is not redundancy dismissal

Back

Preview of the back of card 4

Card 5

Front

Dismissal for refusing to comply with mobility clause is not redundancy dismissal.

Back

Preview of the back of card 5
View more cards

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