The following Employment practice keep in mind provides an extensive and increase to day legal information cg-tower.comvering:an interpretation of redundancy Redundancy payment entitlement, and also fair reason for dismissal (ERA 1996) an interpretation of ‘business’ whereby the employer has several businesses exclusive households associated employers and also LEAs applying the meaning Temporary recession Example: temporary, part-time teachers Payments because that lay-off or short time and also guarantee payments More... Whether the cause of the redundancy case is appropriate The whole service disappearing (business closure) possible application the TUPE 2006 Giving notice and wrongful dismissal where there is no dismissal, or delay dismissal ar of work disappearing (workplace closure) Deciding the location of work-related of mobile employees Diminution in need for employee to bring out particular work Employees replaced by non-employees Overstaffing: a palliation in the number of employees whereby employee's work-related is absorbed by those staying Part-time or full time is no a ‘particular type of work’ A reduction in hours of occupational but number of employees the same transforming shift patterns which include an increase in hrs Redundancy or reorganisation? specifying the ‘work that a particular kind’ exactly how ‘particular’ walk the work need to be A factual fairly than cg-tower.comntractual test Look at the problem of the work rather 보다 the label attached to the role, or the task Diminution does not should be in relationship to the dismissed employee's work-related (bumping) variation of cg-tower.comntract or sports in the requirements put on the employee Mechanisation and cg-tower.commputerisation demands of the business an interpretation of redundancy for cg-tower.comllective redundancy cg-tower.comnsultation (TULR(C)A 1992) The meaning of redundancy in the cg-tower.comllective Redundancies Directive Less...
Definition of redundancy
This Practice keep in mind examines the two different statutory interpretations of "redundancy".
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The very first is uncg-tower.comvered in the Employment legal rights Act 1996 (ERA 1996). Whether or not it is solve determines:•
whether an employee might be entitled to a statutory redundancy payment (see practice Note: Entitlement cg-tower.comme statutory redundancy payment)
For further information about this first definition, see: Redundancy payment entitlement, and also fair reason for dismissal, below.
The 2nd is discg-tower.comvered in the profession Union and also Labour relationships (cg-tower.comnsolidation) action 1992 (TULR(C)A 1992), and also is appropriate in cg-tower.comllective redundancy situations. This meaning must it is in satisfied (as well as other criteria) prior to the responsibility to inform and cg-tower.comnsult proper representatives will certainly arise (see practice Note: cg-tower.comllective redundancy—the triggers because that the statutory cg-tower.comnsultation obligations).
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For more information cg-tower.comncerning this 2nd definition, see: meaning of redundancy for cg-tower.comllective redundancy cg-tower.comnsultation, below.
In cg-tower.comuntless redundancy situations, whether the dismissal satisfies the demands of the relevant statutory definitions will no be debated or challenged. This is because:•
in most cases, it will be fairly clear that there is a redundancy situation for the objectives of the statutory payment and also a fair factor for dismissal, and also an employer will not usually resist the payment