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UNFAIR REDUNDANCY DISMISSAL: MORE CASES
Agreed procedures Jackson v General Accident, Fire & Life Assurance Co Ltd [1976] IRLR 338, EAT:The meaning of agreed procedure, relating...

Robert Spicer
May 24, 20213 min read
Unfair redundancy dismissal: more cases
Unfair selection · The employer is under a duty to choose a fair pool from which to select redundant workers. Fulcrum Pharma...

Robert Spicer
May 22, 20217 min read
Redundancy and unfair dismissal: key cases
Elements of consultation Failure to consult with an individual may make dismissal unfair but compensation may be reduced (Polkey...

Robert Spicer
May 17, 20215 min read
RECENT EMPLOYMENT-RELATED CASES
DAMAGES Lost years of earnings Case Head v Culver Heating Co Ltd [2021] EWCA Civ 34 Facts H was the managing director of EMSL, his own...

Robert Spicer
May 14, 20213 min read
REDUNDANCY: AN OUTLINE OF LAW AND PRACTICE
SECTION 1 Redundancy, like much of employment law, is an increasingly complex concept. Its legal definition often bears little...

Robert Spicer
May 14, 20214 min read
UNFAIR REDUNDANCY DISMISSAL
· Automatically unfair dismissal for specified reasons · No genuine redundancy situation · Failure to consult · ...

Robert Spicer
May 14, 20216 min read
More redundancy law and practice
SHORT-TERM WORK & LAY-OFFS Temporary Lay-Offs Workers can claim statutory redundancy pay that they are eligible for and have been...

Robert Spicer
May 10, 20212 min read
More redundancy law and practice
Suitable Alternative Employment Unreasonable refusal of suitable alternative employment results in loss of statutory redundancy pay. S....

Robert Spicer
May 7, 20214 min read
REDUNDANCY PAYMENTS
Source: section 135, ERA: employee has basic right to redundancy payment Those excluded from payments: · Independent contractors · ...

Robert Spicer
May 3, 20215 min read
Redundancy law and practice section 2: definition
Closure of the workplace · An employee is dismissed for redundancy if it is attributable wholly or mainly to the fact that the...

Robert Spicer
Apr 30, 20216 min read
Fascism and the law
The use of the word “fascism” has become so debased that it is now virtually meaningless. The Shorter Oxford English Dictionary defines...

Robert Spicer
Apr 23, 20212 min read
More recent employment cases
RACE DISCRIMINATION Harassment Stale training Case Allay (UK) Ltd v Gehlen UKEAT/0031/20/AT Facts G, a man of Indian origin, was employed...

Robert Spicer
Apr 18, 20214 min read
Recent employment cases: age discrimination, employment tribunals, personal injury
AGE DISCRIMINATION New pension scheme Case London Fire Commissioner v Sargeant and others UKEAT/0137/17/LA Facts In 2015 a new pension...

Robert Spicer
Apr 16, 20213 min read
Covid-19: worker's refusal to wear face mask
UNFAIR DISMISSAL Refusal to wear face mask Case Kubilius v Kent Foods Ltd (2021) 3201960/2020, East London Employment Tribunal Facts K...

Robert Spicer
Apr 8, 20211 min read
Recent Supreme Court decisions: British citizenship; equal pay; village greens
British citizenship Deprivation decision Case R (on the application of Begum) v Special Immigration Appeals Commission and Others [2021]...

Robert Spicer
Apr 6, 20214 min read
Shrewsbury pickets convictions quashed
The Shrewsbury Pickets In the case of Warren and others v R [2021] EWCA Crim 413, Court of Appeal, the facts, in summary, were that all...

Robert Spicer
Mar 27, 20212 min read
CORPORATE MANSLAUGHTER AND THE UK GOVERNMENT
The Corporate Manslaughter and Corporate Homicide Act 2007 created a new criminal offence of corporate manslaughter. The Act enables...

Robert Spicer
Mar 26, 20212 min read
CORPORATE MANSLAUGHTER PROSECUTIONS
On 15 February 2011, Cotswold Geotechnical Holdings became the first company to be convicted of the offence of corporate manslaughter...

Robert Spicer
Mar 21, 20218 min read
Frustration of contract and Covid-19
The effect of Covid-19 on a wide range of contracts, including employment contracts, consumer agreements and insurance, has yet to be...

Robert Spicer
Mar 18, 20214 min read
Employment tribunal as a court
Employers’ insurers Further move to converting the employment tribunal to a court Case Watson v Hemingway Design Ltd (In Liquidation)...

Robert Spicer
Mar 14, 20213 min read
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