Welcome to our monthly newsletter, with a summary of the latest news and developments in UK employment law.
In this issue:
Case law updates
Redundancy: Overturning the employment tribunal (ET)’s decision, the Employment Appeal Tribunal (EAT) has found that a nurse who was dismissed for redundancy on the basis that her fixed term contract was due for renewal before that of her colleagues (who were also on fixed term contracts) was unfairly dismissed. The EAT considered that using the fixed term contract expiry date as the sole criterion for redundancy selection, a decision adopted without any prior meetings or consultation, to be arbitrary and effectively put the claimant into a pool of one and made her redundancy a fait accompli. The case acts as a reminder of the importance of careful consideration of selection criteria and that meaningful consultation, including on the method of selection, is a key component of a fair redundancy process. (Mogane v. Bradford Teaching Hospitals)
Settlement agreements: The EAT has held that an ET was wrong to deny the claimant the ability to bring an age discrimination claim in circumstances where he had previously signed a settlement agreement waiving his rights. The claimant had accepted a redundancy package under a settlement agreement, but he subsequently brought a complaint of age discrimination when he was not paid a pension payment due to his age. This claim had not arisen at the time of his settlement agreement. While he had...
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