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.
redundancy
UK – What to expect in employment law in 2024
As we come to the end of 2023, there has been a rush on new employment legislation to come into effect in 2024.
Holiday leave and pay
As mentioned here the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 were laid before Parliament on 7 November 2023 and are due to come into force…
EAT decision reminds employers of the need for genuine consultation and reasonable selection criteria when carrying out redundancies
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…
Caution for employers: redundancy entitlement when employer changes employment conditions and employee continues working for their employer
The Federal Court of Australia (FCA) recently considered this issue in Broadlex Services Pty Ltd v United Workers’ Union [2020] FCA 867,[1] holding that an employee who was required to transfer her full-time employment to part-time was entitled to redundancy pay, because the employer no longer required the full-time job to…
Comment faire face au Coronavirus en France?
Depuis le mois de janvier 2020, l’épidémie de Coronavirus COVID-19 s’est rapidement propagée à travers le monde, causant des milliers de décès.
Le Gouvernement français a réagi en plusieurs temps : après avoir émis des recommandations en matière de gestes barrière, il a ensuite pris la décision de fermer écoles et établissements accueillant des enfants,…
Good Work Plan: Government issues further response and consultation to support families and pregnant women
As part of its Good Work Plan, the UK Government has recently published a response and a consultation paper on proposals which will protect and support families and pregnant women. The first Government paper considers extending redundancy protection for women and new parents. The second consultation looks at various proposals to support families, including a…
The beginning of a revolution (by the French lower courts) ?
French President Emmanuel Macron implemented a significant reform of the French employment code in late 2017, with the intention of providing employers greater flexibility and predictability in managing labour relations.
One of the most controversial measures was the creation of a grid applicable to the amount of indemnities due to employees for unfair dismissal, setting…
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 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.
French employment code reform: Focus on economic dismissals
French President Emmanuel Macron has signed five ordinances making important changes to several aspects of the French employment code. The ordinances, which were immediately published in the French Official Journal on September 23rd, 2017, are aimed in particular at providing employers more flexibility and predictability in labour-management relations.
Several provisions of this ambitious reform (the…
Significant changes to French employment code to enter into force no later than January 1st, 2018
French President Emmanuel Macron has signed five ordinances making important changes to several aspects of the French employment code. The ordinances, which were immediately published in the French Official Journal on September 23rd, 2017, are aimed in particular at providing employers more flexibility and predictability in labour-management relations.
Several provisions of this ambitious reform –…