Redundancy

Resignation following unilateral change in working conditions is a ‘redundancy’

The definition of ‘redundancy’ in EU law is wide enough to include resignations where an employer has unilaterally made a significant change to essential elements of an employee’s contract for reasons not related to the individual and which causes them substantial detriment – here a 25% pay cut.
Pujante Rivera v Gestora Clubs Dir SL
 

Timing of collective consultation and the special circumstances defence

A strategic albeit provisional decision to close a workplace triggered to obligation to consult collectively. The complete failure to do so justified a full 90-day protective award and the fact that the staff hadn’t suffered any actual loss was irrelevant.
E Ivor Hughes Educational Foundation v Morris
 

Collective redundancy consultation – ‘as you were’

The European Court of Justice has endorsed the orthodox and generally understood position as regards an employer’s consultation duties were mass redundancies are involved. This effectively reverses a controversial EAT decision which required consultation where when 20 or more employees were to be dismissed as redundant - irrespective of where they worked.
USDAW v WW Realisation 1 Ltd and Ethel Austin Ltd
 

Redundancy, maternity leave and alternative employment

The failure to offer a newly-created role to an employee on maternity leave made her redundancy dismissal automatically unfair but not necessarily discriminatory.
Sefton Borough Council v Wainwright
 

Employer’s discretion on redundancy pooling

An employer’s discretion over the pool for selection was very wide but the consequent redundancy dismissal was unfair because it didn’t follow its own processes.
Family Mosaic Housing Association v Badmos
 

Redundancy selection and volunteers

A request for voluntary redundancy by one member of a selection pool should have precluded the compulsory redundancy of another member in the same selection pool whose position was almost similar.
Stephenson College v Jackson
 
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