Summary

Summary Redundancy EMPWS4 Reading Notes

12 views 0 purchase

Course
Employment Law (LPC)

Institution
University Of Law (ULaw)

Covers how an employee can claim a redundancy payment. Includes: what is redundancy what classifies as a redundancy situation and who can claim redundancy payments How to calculate redundancy payments

[Show more]

Preview 1 out of 3 pages

View example

Uploaded on October 19, 2021
Number of pages 3
Written in 2021/2022
Type Summary

lpc
llm
employment law
redundancy payments
university of law

Institution
University of Law (ULaw)
Education
University of Law
Course
Employment Law (LPC)

$13.57

Added

Add to cart

Add to wishlist

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

REDUNDANCY
There is a redundancy situation if:
There is an eligible employee who has been dismissed by the reason
of redundancy.
If so: That employee will be entitled to, at a minimum, a statutory
redundancy payment (s163, ERA 1996).
Unless:
The employer offers the employee a suitable alternative job
The employee has accepted this job or
The employee has unreasonably refused the offer of a suitable alterative
job.
Can the claimant bring a redundancy claim?
(1) Is the claimant eligible to bring a redundancy claim?
Time Limit
 Must:
o Make a claim in writing to the employer or refer the matter to a tribunal.
o Within 6 months beginning with the “relevant date” (s164).
 An employment tribunal may, if it considers it just and equitable, extend the time-
limit to 12 months.

 Relevant date (s145) = same as EDT for Unfair Dismissal i.e.
o Termination with notice = date notice expires.
o Termination without notice = date of the dismissal.
 Even if there is PILON.

Employee?
 Must be an “employee” (s135)
o Employee = “An individual who… works under… a contract of
employment” (ERA 1996, s230(1)).
Evidenced by existence of written statement of terms: these must be given to
“employees” (ERA 1996, s1(1)).

Must not be in an excluded class
E.g., crown employees, ‘share’ mariners and certain domestic servants.

Must have had 2 years of continuous employment

(2) Has the employee been dismissed?
Has there been:
An expiry of non-renewal of a fixed term contract
Actual dismissal
Constructive dismissal due to a repudiatory breach

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller poojashah1. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $13.57. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

67096 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling

Popular Universities in the United States

Popular books

Find notes and summaries for these qualifications