The Practical Lawyer


DDPs – constructive dismissal

The general rule is that an employee must raise a grievance with the employer under the statutory procedures (and, indeed, will not be able to pursue an unfair dismissal claim until such notice has been given, and then 28 days has lapsed).

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DDPs – redundancy

Redundancy is a potentially fair reason for dismissal. But, it should not be forgotten that the statutory dismissal and disciplinary procedures also apply. In summary, the DDPs require a step 1 letter to the employee; there must then be a step 2 meeting; that might then be followed by a step 3 appeal.

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Enhanced redundancy – discrimination

Employers who offer enhanced (ie above the statutory limits) redundancy schemes should always consider the age discrimination legislation.

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Redundancy – internal vacancies

We all know that an employee at risk of redundancy must be offered any ‘suitable alternative employment’. The point to watch here is that if there is an internal vacancy within the company, then it will normally be wrong to require the at-risk employee to compete with other employees (who are not at risk of redundancy) for that job.

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Redundancy – LIFO

Many years ago, the standard way of selecting for redundancy was ‘last in, first out’ (LIFO). Since then, matters have become more complicated and most employers use a matrix approach. But, the length of service will often be an important part of that matrix.

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TUPE – new standard contracts?

If employees transfer to a new employer under TUPE, then the new employer inherits all rights, liabilities and obligations (other than a few pension liabilities).

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Insolvency – TUPE

The TUPE Regs were changed in 2006 in respect of insolvent transfers, to make it easier to sell insolvent businesses as going concerns:

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Insolvency – RPO

An employee who loses money because of an insolvent employer may be able to recover money from the RPO (Redundancy Payments Office). This covers:

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Employment – on insolvency?

If a business becomes insolvent, the employees will want to know whether they will lose their jobs. The answer will usually depend upon the type of insolvency proceedings:

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Self-employed – ‘worker’?

One of the key ingredients of any employment relationship is the need for there to be a personal obligation on the individual to carry out the work. If there is no such personal obligation then it is far more likely that the courts will find that it is a contract for services (ie self-employed, independent contractor).

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