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Chapter

Cover Employment Law

6. Redundancy  

This chapter discusses redundancy law in the UK. Redundancy, which generally occurs when an employer reduces its workforce for economic reasons, is a common form of ‘potentially fair’ dismissal. There are three lawful ways in which selection for redundancy can be achieved: last-in-first-out, points-based approaches and employee selection processes. Redundancy payments must be equal to the statutory minimum and are often higher due to additional contractual arrangements which are more generous. Notice periods must also be honoured. UK redundancy law is often criticised because it is less procedurally cumbersome and requires employers to compensate less than is the case in other larger EU countries. This suggests that multi-national corporations dismiss their UK employees before counterparts elsewhere in Europe.

Chapter

Cover Business Law Concentrate

8. Employment II: termination—wrongful dismissal, unfair dismissal, and redundancy  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the law on the termination of the employment contract. Employees have a statutory right not to be unfairly dismissed and the Employment Rights Act (ERA) 1996 identifies the criteria to be satisfied in order for the employee to gain protection. The common law protects against wrongful dismissal and provides tests and guidance for situations involving a breach of an employment contract. The chapter also considers redundancy situations. As this is governed by statute, it is necessary to appreciate the obligations imposed on the employer to adopt fair procedures.

Chapter

Cover Business Law

20. Ending Employment Contracts at Common Law; and Duties to Redundant and Transferring Staff  

This chapter identifies the remedy for the termination of contracts of employment through the common law claim of wrongful dismissal. It addresses situations of redundancy, and the rights of individuals and obligations on employers when the business is transferred to a new owner. Each of these measures offer protection to employees, and employers should understand the nature of these rights, the qualifications necessary for each mechanism, and the remedies available, to ensure they select the most appropriate mechanism to bring the employment relationship to an end. Before the 1960s, contracts of employment were largely dealt with by the ‘normal’ rules of contract law and were often heard by courts that hear contractual disputes. It is important to be aware of the mechanisms that will enable termination of the employment relationship without transgressing the law in order to maintain good working relations.

Chapter

Cover Concentrate Questions and Answers Employment Law

8. Statutory redundancy payments and consultation procedures  

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about statutory redundancy payments and consultation procedures. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of statutory redundancy pay including the qualifying period to be eligible, the definition of redundancy, procedural fairness, case law on ‘work of a particular kind’, bumping, suitable alternative employment, and calculating statutory redundancy pay. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

Book

Cover Employment Law Concentrate
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Employment Law Concentrate helps to consolidate knowledge in this area of law. This seventh edition includes updates on employment law, including further coverage of the employment status, written particulars, restraint of trade, and equal pay. The book includes discussion of recent cases, including Supreme Court ones, and forthcoming amendments to the law are noted where appropriate. The volume also looks at implied terms, discrimination, parental rights, working time, and types of breach of employment contracts and termination of employment contracts. Finally, the text looks at dismissal issues (including both wrongful and unfair dismissal), redundancy, and trade unions. The chapter on trade unions has been transferred to online-only content, available in the online resources for this book.

Book

Cover Concentrate Questions and Answers Employment Law
The Concentrate Questions and Answers series offers the best preparation for law students tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, author commentary, and illustrative diagrams and flowcharts. This book offers clear advice on what to expect in typical employment law exams. It addresses a wide range of employment law topics that are most often encountered in employment law courses, including questions on ‘mixed’ topics. The book provides sample essay and problem questions to allow students to practise and refine exam skills. These are supported by suggested answers and diagram plans. Detailed author commentary explains what examiners are looking for, traps to avoid, and how students can best achieve their potential. This book also includes separate chapters on skills and tips for success in both exams and in coursework assessments. It is an ideal tool to help support revision or to use throughout studies to help review learning.