Tag archives: consultation

23 redundancies with no consultation? Federal Court says ‘that’s OK’

An employer decides to abolish 23 full-time positions due to a lack of funding.  Surely this is a major change likely to have a significant effect on employees which obliges the employer to consult with those employees as per the consultation term in their enterprise agreement? While many would say ‘yes, of course’, the Federal … Continue reading

The necessity of adopting a sensitive consultation process in the event of redundancy

This post was contributed by Jahan Meeran, Trainee Solicitor, Norton Rose Fulbright LLP, London A recent decision of the Employment Appeal Tribunal (EAT) illustrates the pitfalls of not adopting a sensitive consultation process in the event of redundancy.. In the case, the claimant had been employed by the property management division of his employer for … Continue reading

Collective consultation on redundancy – what obligations do employers have?

In Germany, an employer must comply with certain consultation obligations when dismissing an employee. Failure to do so may result in the dismissal being held null and void by a labour court or the court awarding compensation to the affected employees. The works council and dismissals Prior to giving notice of termination, an employer must … Continue reading

Small scale retrenchments – What obligations do employers have? A South African perspective

This article was written by Yusuf Peer, an associate designate at Norton Rose Fulbright South Africa In South African law an employer is permitted to retrench employees due to economic and business conditions, provided that the employer follows the correct consultative procedure and the dismissals are based on fair and justifiable reasons An employer employing less … Continue reading

What rights do employees have on redundancy in the UK?

Whilst redundancies may be unavoidable, employers must think ahead when planning redundancies in order to avoid the additional burden of costly litigation and claims from employees. Employees in the UK have a number of rights in a redundancy situation and employers need to follow the correct procedures in order to avoid potential claims. What is … Continue reading

Collective Redundancy Consultation

A recent decision of the Employment Appeal Tribunal in the UK has considered the meaning of the words “at one establishment” for the purposes of triggering collective consultation obligations. Under the UK collective redundancy rules, the obligation to inform and consult only arises when an employer is proposing to dismiss as redundant “20 or more … Continue reading
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