From April 2019 the statutory minimum employment related payments will change. The most commonly used ones are set out below. There will be changes to the National Living Wage and National Minimum Wages rates to be implemented from 1 April 2019. These will be as follows: National Living Wage 25+ Read more…
From 6 April 2017, compensation limits and minimum awards payable are set to increase. Although the changes are implemented from 6 April 2017, they will only apply in cases where the relevant date for the claim falls on or after 6 April 2017. For example, an employee claiming unfair dismissal Read more…
In 2013, we saw the Employment Appeal Tribunal effectively re-write the statute book and change the way employers needed to approach collective redundancy consultation, by removing the need for redundancies to be at one establishment”. The European Court of Justice (ECJ) has now given its Judgment and it looks like the law Read more…
The Government has just announced the new maximum for the compensatory award in unfair dismissal claims and the new cap for a weeks’ pay to be used for calculating statutory redundancy pay and certain tribunal awards. From 6 April 2015, the cap on a weeks’ pay will rise to £475 Read more…
It is relatively common for an employer to have redeployment opportunities arising from a restructure. However, difficult issues can arise in practice where the employee at risk of redundancy suffers from a disability which might disadvantage them during the redeployment selection process. How far must an employer go in adjusting Read more…
A potentially redundant employee will lose their right to a statutory redundancy payment if they unreasonably refuse an offer of suitable alternative employment made by their employer. In the recent case of Devon Primary Care Trust v Readman the Court of Appeal confirmed the correct test to use when assessing Read more…
It has always been the case that payments which are expressed to be non-contractual but routinely or regularly such as to give an expectation of entitlement may be contractually binding through custom and practice. A recent Court of Appeal in Shumba & others v Park Cakes Ltd [2013] EWCA Civ Read more…
In one of the biggest changes to redundancy law in recent years the case of USDAW v Woolworths has changed the way employers will need to undertake collective redundancy consultation. Before the Woolworths Judgment the established law was that employers only needed to consult with trade union or employee representatives Read more…