Summary: Can an employee be constructively dismissed during a redundancy process when an employer seeks to “map” their role into a new role, rather than treat the employee as redundant? Yes, says the EAT in Argos Limited v Ms K Kuldo available here. Facts:  Ms Kuldo, the employee, was employed by Argos, the employer, as…
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What do we already know? At the time of our October Newsletter Coronavirus (COVID-19): End of Furlough and beyond the Coronavirus Job Retention Scheme (CJRS) was due to end on 31 October 2020 and the Government was set to introduce its new financial support package for employers, the Job Support Scheme (JSS), to run from…
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Summary: Do employers need to offer employees casual work before a fair dismissal for redundancy? Not unless it would avoid the redundancy, says the EAT in Aramark (UK) Ltd v Fernandes available here. Background: Before employers dismiss an employee by reason of redundancy, they have a responsibility to take reasonable steps to identify opportunities for…
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What do we already know? We updated you in our July and August Newsletter Coronavirus (COVID-19): All things furlough – (again!) that the Government started to phase out the Coronavirus Job Retention Scheme (CJRS) from 1 August 2020. The CJRS ends on 31 October 2020 and, as a reminder, here’s the timetable of increasing employer…
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The Government has published an updated HR1 form (available here) for employers to notify the Secretary of State of their intention to make 20 or more employees redundant within a period of 90 days or less. The new form is intended to be shorter and more straightforward to complete. The Government has also updated the…
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Summary:  Can an employer reasonably rely on just an interview process when considering redundant employees for ‘alternative employment’ which is essentially the same as their current role? No, says the EAT in Gwynedd Council v Barrett, available here. Facts:  The employer, Gwynedd Council, decided to implement a reorganisation of the schools in the local area.…
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Summary:  In a redundancy situation, must an employee specifically raise ‘bumping’ before an employer needs to consider it? No, held the Employment Appeal Tribunal (EAT) in Mirab v Mentor Graphics (UK) Ltd, available here. Background:  Bumping occurs when an employee whose role is redundant is redeployed into another role, and the displaced occupier of that…
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Summary:  If an employee’s long term sickness absence shows lack of need for the role and the employer make that role redundant, does this amount to disability discrimination? No, says the EAT in Charlesworth –v- Dransfields Engineering Services Ltd available here.   Facts:  Mr Charlesworth, the employee, managed one of four branches of the employer’s…
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Summary: Can a contractual mobility clause enable an employer to avoid dismissing employees for redundancy? Yes, but only if the terms of the mobility clause and the manner in which the employer operates the clause are reasonable. The EAT’s decision in Kellogg Brown & Root (UK) Ltd v Fitton, available here, is a useful illustration…
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Summary: Can a redundancy consultation which is highly “insensitive and perfunctory” be reasonable overall and enable a fair dismissal? No, says the EAT in Thomas v BNP Paribas Real Estate Advisory and Property Management UK Ltd available here. Facts: The employee, Mr Thomas, was first employed by the employer, BNP Paribas, in 1972. In 2004…
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