Redundancy 0.0 / 5 ? LawRedundancy - Employment LawUniversityAll boards Created by: HannahBurgessCreated on: 07-05-19 12:07 s.139 ERA 1996 Closure of business, work place or a reduced need for work of particular kind 1 of 22 High Tables v Horst Redundant even if have mobility clause. Factual Test. Waitresses. 2 of 22 Murray v Foyle Meats Reduced need for work of particular kind. Even if have flexibility clause. 3 of 22 Morton Sundour Fabrics v Shaw Resigning before redundancy notice served is not redundancy dismissal 4 of 22 Home Office v Evans Dismissal for refusing to comply with mobility clause is not redundancy dismissal. 5 of 22 Kellogg Brown and Root v Fitton Mobility clause can result in redundancy dismissal. Circumstances important. Near retirement, no car etc. 6 of 22 Williams v Compair Maxam Fair Process: Warning, Fair Selection, Consultation, Consideration of Alternative Employment/ Right of Appeal 7 of 22 Taymech v Ryan Selection pool for employer to decide. Pool of one. 8 of 22 Whiffen v Milham Ford Girls School Selection pool - be wary of indirect sex discrimination. Temp workers first to be selected. 9 of 22 Rolls Royce v Unite the Union Age based redundancy is not discriminatory. 10 of 22 Mental Health Care v Biluan Must comply to reasonable selection methods. 11 of 22 Polkey v AE Dayton Services Need to consult even if it would not make a difference. 12 of 22 King v Eaton Fair consolation: Early stage, Adequate Time and Info and consideration of a response 13 of 22 Vokes v Bear Employer has a duty to make reasonable efforts to find alternative employment. 14 of 22 Sefton BC v Wainwright Special position for those on maternity leave. 15 of 22 s.138 ERA 1996 Statutory Trial Period (4 weeks) 16 of 22 s.141(3) ERA 1996 Lose statutory redundancy pay if rejection of alternative employment is unreasonable. 17 of 22 Cambridge Co-op v Ruse Reasonableness of alternative employment is assessed subjectively. 18 of 22 Morgan v Welsh Rugby Union Employer has freedom in how to select for a NEW role. 2 rugby coaches. 1 senior role. 19 of 22 s.52 ERA 1996 Time off Rights (2 years service) 20 of 22 s.135 ERA 1996 Statutory Redundancy Pay (2 years service, age/service/weekly pay) 21 of 22 Park Cakes v Shumba Implied Custom and Practice Term (Frequency/ Consistency/ Extent publicised/ Conflict?) 22 of 22
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