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Redundancy In United Kingdom Law
Redundancy in United Kingdom law concerns the rights of employees if they are dismissed for economic reasons in UK labour law. Definition of redundancy Section 139 of the Employment Rights Act 1996 defines the two situations in which a redundancy may occur: (a) the fact that his employer has ceased or intends to cease— :(i) to carry on the business for the purposes of which the employee was employed by him, or :(ii) to carry on that business in the place where the employee was so employed, or (b) the fact that the requirements of that business— :(i) for employees to carry out work of a particular kind, or :(ii) for employees to carry out work of a particular kind in the place where the employee was employed by the employer, have ceased or diminished or are expected to cease or diminish. Diminishing of work While the first case envisages situations where an employer simply closes his business, the second scenario has caused trouble in its interpretation. *'' Safeway S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Rights Act 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the Employment Protection Act 1975 and the Wages Act 1986. It deals with rights that most employees can get when they work, including unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. It was amended substantially by the Labour government since 1997, to include the right to request flexible working time. This coincides with the Rights at Work Act 1995. Part I, Employment particulars An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee within two months of the start of their employment. This document is called a "written statement o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by employment laws, organisation or legal contracts. Employees and employers An employee contributes labour and expertise to an endea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Safeway Stores Plc V Burrell
''Safeway Stores plc v Burrell'' redundancy. _Facts Safeway_(UK).html" "title="redundancy_in_English_law.html" ;"title="UK_labour_law.html" ;"title="997ICR 523is a UK labour law">997ICR 523is a UK labour law case, concerning redundancy in English law">redundancy. Facts Safeway (UK)">Safeway Stores plc (now owned by Morrisons) wanted to de-layer and reorganise its departments under its ‘Safeway 2000’ plan. Mr Burrell was a petrol station manager at the Penzance, Cornwall, supermarket. The petrol station manager post would be replaced by a petrol station controller who got paid less. The work was much the same. The former job description carried some management responsibility but Mr Burrell had not in practice performed them. Mr Burrell did not apply for the new post and got redundancy. He then claimed unfair dismissal. The Tribunal held the employers had not demonstrated Mr Burrell was redundant, because the new job involved the same work as before. Judgment Peter Clark J he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decisions of the Certification Officer and the Central Arbitration Committee and has original jurisdiction over certain industrial relations issues. The tribunal may sit anywhere in Great Britain, although it is required to have an office in London. It is part of the UK tribunals system, under the administration of His Majesty's Courts and Tribunals Service. The tribunal may not make a declaration of incompatibility under the Human Rights Act 1998. Membership There are two classes of members of the tribunal: *Nominated members, who are appointed from English and Welsh circuit judges, judges of the High Court and the Court of Appeal as well as at least one judge from the Court of Session. *Appointed members, who must have special knowledge or exper ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Williams V Compair Maxam Ltd
''Williams v Compair Maxam Ltd'' 982ICR 156 EAT BAILII case number: UKEAT 372_81_2201. Retrieved 03 September 2014. is a case, concerning , now governed by the . Facts Compair Maxam Ltd was losing business. Departmental managers picked teams of core sta ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales)
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Farington
Farington is a village and civil parish in the South Ribble local government district of Lancashire, England. The population of the civil parish at the 2011 census was 6,674. History The parish was part of Preston Rural District throughout its existence from 1894 to 1974. In 1974 the parish became part of South Ribble. Farington railway station served the area from 1838 to 1960. Governance Farington is a civil parish in South Ribble district; with Lostock Hall and Tardy Gate it forms the district's Central area. It was also within the Parliamentary Constituency of South Ribble until the 2010 general election. However, at the recommendation of the Boundary Commission, the area was moved into the Ribble Valley constituency. The parish includes the villages of Farington and Farington Moss, and parts of Lostock Hall and Whitestake. Lancashire County Council's Farington electoral division comprises both Farington wards and Moss Side. Geography Situated to the immediate nor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lancashire
Lancashire ( , ; abbreviated Lancs) is the name of a historic county, ceremonial county, and non-metropolitan county in North West England. The boundaries of these three areas differ significantly. The non-metropolitan county of Lancashire was created by the Local Government Act 1972. It is administered by Lancashire County Council, based in Preston, and twelve district councils. Although Lancaster is still considered the county town, Preston is the administrative centre of the non-metropolitan county. The ceremonial county has the same boundaries except that it also includes Blackpool and Blackburn with Darwen, which are unitary authorities. The historic county of Lancashire is larger and includes the cities of Manchester and Liverpool as well as the Furness and Cartmel peninsulas, but excludes Bowland area of the West Riding of Yorkshire transferred to the non-metropolitan county in 1974 History Before the county During Roman times the area was part of the Bri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implied Term
A contractual term is "any provision forming part of a contract". Each term gives rise to a contractual obligation, the breach of which may give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. The terms of a contract are the essence of a contract, and tell the reader what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract. Classification of term Condition or Warranty Conditions are major provision terms that go to the very root of a contract breach of which means there has been substantial failure to perform a basic element in the agreement. Breach of a condition will entitle the innocent party to terminate the contract. A warranty is less imperative than a condition, so the contract will survive a breach. Breach of either a condition or a warranty will give rise to dama ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Of Employment
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts relies on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage (Simon, 1951). Terminology A contract of employment is usually defined to mean the same as a "contract of service". A contract of service has historically been distinguished from a contract for the supply of services, the expression altered to imply the dividing line between a person who is "employed" and someone who is "self-employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wage, holiday pay, sick ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Layoff
A layoff or downsizing is the temporary suspension or permanent termination of employment of an employee or, more commonly, a group of employees (collective layoff) for business reasons, such as personnel management or downsizing (reducing the size of) an organization. Originally, ''layoff'' referred exclusively to a temporary interruption in work, or employment but this has evolved to a permanent elimination of a position in both British and US English, requiring the addition of "temporary" to specify the original meaning of the word. A layoff is not to be confused with wrongful termination. ''Laid off workers'' or ''displaced workers'' are workers who have lost or left their jobs because their employer has closed or moved, there was insufficient work for them to do, or their position or shift was abolished (Borbely, 2011). Downsizing in a company is defined to involve the reduction of employees in a workforce. Downsizing in companies became a popular practice in the 1980s and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
