Posts By: Schofield and Associates

Redundancy and the Selection Criteria for Alternative Posts

In Samsung Electronics (UK) Ltd. v Monte-D’Cruz, the Employment Appeal Tribunal (EAT) has given guidance on the principles that apply to the process for deciding whether a redundant employee should be offered an alternative position within the organisation. Keith Monte-D’Cruz was one of four senior managers at Samsung Electronics (UK) who reported to the Head… Read more »

The Effective Date of Termination – Resignations With Immediate Effect

An employee’s effective date of termination (EDT), as defined by the Employment Rights Act 1996 (ERA), marks the start of the three-month period within which a claim for unfair dismissal must be lodged. Whilst in many instances the EDT will be the date on which the notice period expires, when an employee resigns without notice,… Read more »

New Employment Law Reforms

The Government has published for consultation a package of reforms aimed at simplifying and speeding up the process of ending the employment relationship when it breaks down. This includes: a consultation on how settlement agreements, a simplified form of compromise agreement for use when employers wish to negotiate a termination package with an employee without… Read more »

Court of Appeal Advises on Dealing With Allegations of Misconduct

The Court of Appeal has ruled (Crawford and another v Suffolk Mental Health Partnership NHS Trust) that procedural defects in the disciplinary process adopted by their employer rendered unfair the dismissals of two long-serving nurses who worked on a ward for patients suffering from depression, anxiety or dementia. Mrs Crawford, Mr Preston and two health… Read more »

Low Pay Commission Consults on the Accommodation Offset

The Low Pay Commission (LPC) was established following the introduction of the National Minimum Wage (NMW) Act 1998 to advise the Government on the NMW rates and other issues of relevance. In its remit for the 2013 report, the Government asked the LPC to review the regulations that apply where employers provide accommodation for their… Read more »

ACAS Guidance on Maternity Rights and Redundancy

Currently, the Advisory, Conciliation and Arbitration Service (ACAS) helpline receives 15,000 calls a year from employers and employees seeking advice on pregnancy or maternity and redundancy issues. In response to the need for information on this topic, ACAS, in partnership with the Equality and Human Rights Commission, has published new guidance entitled ‘Managing redundancy for… Read more »

Redundancy and the Pool for Selection

Redundancy is a potentially fair reason for dismissal, but may be found to be unfair – for example if a particular employee is unfairly selected for redundancy. Where the decision to make someone redundant follows the reasonable application of a fair process, it will not be open to question, however. In Halpin v Sandpiper Books… Read more »

Reform of the Collective Redundancy Rules

Following a call for evidence on the operation of the rules that apply to consulting with employees when collective redundancies are necessary, the Government has published a consultation outlining its proposed reforms. The proposals include: introducing a new, non-statutory Code of Practice to give clearer information on how to conduct good quality consultations; reducing the… Read more »