A month and even a week can be a long time in politics. In our latest Employment Essentials article, we share our top picks of the recent employment law developments from an unusually turbulent period that may affect your business.
This month our top 10 picks are:
Case law updates
Legislation, consultations & services
Hot topics
Case Law Updates
1. Redundancy - Consultation not meaningful if it takes place after decision to apply selection criteria inevitably leads to a pool of one
In Mogane v Bradford Teaching Hospitals NHS Foundation Trust the Employment Appeal Tribunal (EAT) has held that where the choice of selection criteria has the practical result that the selection for redundancy is made by that decision itself, consultation should take place before the selection criteria decision is made. It is not within the band of reasonable responses, in the absence of consultation, to adopt one criterion which simultaneously decides the pool of employees and which employee is to be dismissed. While a pool of one can be fair in appropriate circumstances, it should not be considered, without prior consultation.
In this case, Ms Mogane and another nurse in a similar role were employed on a series of fixed-term contracts. The employer decided to use a single selection criterion for redundancy, being whose fixed-term contract expired the soonest. This meant automatically that Ms Mogane would be selected for redundancy as her fixed-term contract expired first. A redundancy...
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