Home > Legal Articles > When does a dismissal for reason of redundancy give rise to a claim for unfair dismissal?

Topic: Employer


  • Andrew Robinson - Employment Law
    When does a dismissal for reason of redundancy give rise to a claim for unfair dismissal?
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    Where a genuine redundancy situation exists i.e. the work of the kind carried out by the employee has diminished an employer may be entitled to make the employee redundant notwithstanding the hardship it may cause the employee. If there is a genuine redundancy situation and the employer follows a fair procedure it may be able… Learn more

  • Andrew Robinson - Employment Law
    Monitoring your workforce using CCTV
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    Does your business operate CCTV cameras? If you have considered the implications of monitoring your workforce either covertly or openly, it is important to note you must comply with the ICO CCTV code of practice. This requires an employer to consider whether it is suitable to install cameras. The data protection act requires sensitive data… Learn more

  • Andrew Robinson - Employment Law
    Third Party Harassment under the Equality Act 2010
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    On the 1 October 2013 the provisions relating to third party harassment claims will be repealed.  The requirements were designed to protect workers from harassment by clients or visitors to the employer. A failure by the employer to take reasonable steps to deal with third-party harassment of staff could lead to a claim at the… Learn more

  • Andrew Robinson - Employment Law
    How important are contracts in the workplace?
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    A contract of employment is an agreement between an employer and employee. It is the basis of an employment relationship. Even if you do not have anything in writing, there is always a contract between employer and employee. Your agreement to work in exchange for monies from your employer forms a contract. A written statement… Learn more

  • Andrew Robinson - Employment Law
    Changes to cap on Compensation for an Unfair Dismissal
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    Anyone dismissed on or after the 29 July 2013 will be subject to a new cap on compensation they are entitled to. The cap will be the lower of the current ceiling on unfair dismissal claims of £74,200 and 12 months’ pay. The hope is the new cap will provide more certainty for employers in… Learn more

  • Andrew Robinson - Employment Law
    What is redundancy?
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    Redundancy is a form of dismissal from work when applies when the work you were doing is no longer needed. Redundancy is regularly referred to as being ‘laid-off’ however this is when you employer does not have enough business for all employees and may ask you to take some unpaid holiday. Being ‘laid-off’ is used… Learn more

  • Andrew Robinson - Employment Law
    Pregnancy and Maternity Leave – what you need to know
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    There is greater protection against discrimination for individuals who are pregnant or on maternity leave from work. One of these rights is that the employer cannot discriminate against individuals because they are either pregnant or on maternity leave, meaning that they cannot dismiss, demote or discipline any individual because they are pregnant or on maternity… Learn more

  • Andrew Robinson - Employment Law
    Penalty Notices for Employers
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    New legislation due to come into force sometime after October 2013 will allow Tribunals to Order the Employer to pay between £100 to £5000 to the secretary of state where an aggravating factor is involved in the breach.  The fine will be halved if paid within 21 days. What amounts to aggravating factors remains unclear… Learn more

  • Andrew Robinson - Employment Law
    Living Wage v Minimum Wage
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    The  Living Wage Foundation (LWF) the living wage for London is £8.55 an hour and for the rest of the UK £7.45 an hour. Compare that with the national minimum wage of £6.19 an hour and it may not be surprising that many employers are choosing to pay a ‘living wage’ as oppose to just… Learn more

  • Andrew Robinson - Employment Law
    Employee Shareholders – what you need to know about the possible changes
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    The Growth and Infrastructure Bill looks set to continue through parliament. The aim is to create Employee shareholders who in return for receiving £2000 or more in shares from their Employer, give up their entitlement to certain employment law rights including: The right to claim Unfair Dismissal; The right to receive redundancy payments; The right… Learn more

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