In the recent case of Mogane v Bradford Teaching Hospitals NHS Foundation Trust [2022] UKEAT 139, the Employment Appeal Tribunal (EAT) found that the redundancy dismissal of a fixed term employee was unfair due to a lack of genuine consultation and the use of arbitrary selection criteria.
The Claimant, Ms Mogane, was
The Collective Redundancies Directive (98/59/EC) (the Directive) sets out consultation requirements for employers where a set number of redundancies are contemplated within a specified time frame, being either 30 or 90 days depending on the member state concerned.
In the UK, the Directive is implemented through the Trade Union and Labour Relations (Consolidation) Act 1992
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 Court in Australian Nursing and Midwifery Federation v Bupa Aged Care Australia Pty Ltd [2017] FCA 1246 recently found the answer to be a clear ‘no’ and, accordingly, there was no requirement for the employer to consult.
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
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
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
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
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