The UK government’s Employment Rights Bill is advancing through the parliamentary process quickly and is expected to become law in the next few weeks. One of the key changes to be implemented is an increase to the maximum financial penalty which can be imposed if an employer fails to comply with collective redundancy consultation rules.
At common law, a contract can only be amended in accordance with its terms or with the agreement of all the parties. An employment contract is no different – an employer can only change its terms if the contract allows or if the employee agrees to the changes.
It is likely that certain terms will
The ECJ has delivered its decision in a case based on the interpretation of collective redundancies and how to determine the term “establishment”. It has held that the UK legislation does correctly implement the EU directive on collective redundancies and therefore that the term “establishment” must be interpreted as referring to the entity to which
General comments
Under French employment law, employees’ representatives benefit from a right to be consulted on a very wide range of matters concerning the running of the company. In particular, the works council must be informed and consulted on any matter relating to the organisation, the management and the general running of the company, which
When does the duty arise?
The UK legislation on group redundancies implements the EU Directive of 1998. Under the Trade Union and Labour Relations (Consolidation) Act 1992, when an employer proposes to dismiss 20 or more employees as redundant within a period of 90 days or less at one establishment, he is under a duty
In the UK, under the Trade Union and Labour Relations (Consolidation) Act 1992 (which implements an EU directive), if an employer intends to dismiss 20 or more employees as redundant within a period of 90 days or less at one establishment, the employer will have a duty to collectively consult with employee representatives. The meaning