Law Exam Notes

Redundancy- Section 139 (1) ERA 1996- Employer does not have to prove why. Relocation of task, pool formation, bumping, selection of criteria (matrix). Carefully select to avoid claims. unfair criteria - trade union membership, sex (or maternity) discrimination, race. Consultation to discuss all possibilities of redundancy- short time working, voluntary redundancy packages, freezes on pay rises. Real consultation must be evidenced no matter what. 1= 3 meetings one week apart, under 20= in good time (2 weeks?), 20+ = 30 days, 100+ 45days(was 90). Sections 188 - 198 Trade Union and Labour Relations (Consolidation) Act 1992. Collective Redundancies and Transfer of Undertakings Regulations 1995- no trade union representation, then elect employee representatives. ‘Reasonable alternative’ yes=4week trial period. Decline=no redundancy payment. Suitable travel distance (mobility clause)? Others- partners job, number of children, child’s schooling. Redundancy Matrix- LIFO ‘last in first out’ only used amongst others. Ie- adaptability, capability, type of work, sickness, performance, appraisals, qualifications, skills, disciplinary record. Volunteer redundancy- Be careful what you ask for! Obliged to consultation, don’t have to agree. Case law suggests three stage test: was the employee dismissed? if so, had the employer’s requirement for employees to carry out work of a particular kind ceased or diminished, or was it expected to cease or diminish? if yes, was the dismissal caused wholly or mainly by this reason? During consultation period, 40% of the working time can be taken and is paid leave to find alternative job. Redundancy calculation- at least 2years service and capped to £450 per week from 1st Feb 2013 before 430, Agexweeklypayxyearsserved. Employment Tribunal can make a Protective Award 20+ employees at one establishment within a period of 90 days or less without consultation of appropriate representatives- 1 weeks pay for every week.
Industrial conflict law-