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Welcome to the Employment Law Update for the UK.

In this edition we look at recent developments involving employer's liability, redundancy - consultation, redundancy - pools and age discrimination. Please click on the title to view any article.

As always, please do not hesitate to contact any member of the Employment Group if you have any queries on the issues covered in the Update or any other matters.

Recent cases

Employer's liability
Employer liable for employee's theft
In the recent case of Brink's Global Services v Igrox the Court of Appeal considered the question of when an employer may have to pay for its employee's crimes.

Redundancy - consultation
Starting date for collective consultation
In the recent case of USA v Nolan the Court of Appeal has asked the European Court of Justice (ECJ) to clarify the terms of the relevant EU Directive that requires employers to consult with the workforce 'in good time when contemplating collective redundancies.

Fair consultation over scoring in selection process
In Pinewood Repro t/a County Print v Page the applicant employee claimed that it was unfair of his employer not to explain to him why he had received lower marks than the two other people in his 'pool' for redundancy.

Redundancy - pools
Correct pool for selection?
In Fulcrum Pharma v Bonassera and HR Advantage the EAT considered when it might be appropriate to include a subordinate employee in the 'pool' for selection for redundancy and whether employees should be consulted over who should go in the 'pool' in the first place.

Age discrimination
May be justifiable on grounds of cost alone
In Woodcock v Cumbria Primary Care the EAT considered the case of a claimant who had been given notice of redundancy prior to a scheduled formal consultation meeting. One of the reasons given for this by the employer was that it wanted the notice to expire (and thus the employment to terminate) before the claimants' 50th birthday, at which point he would have become entitled to extra benefits on redundancy.

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In this issue

Employer's liability

Redundancy - consultation

Redundancy - pools
Age discrimination

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If you have any queries on the issues covered in the Update or any other matters please do not hesitate to call a member of the Employment Group.

Ian Hunter

Warren Wayne
Elizabeth Lang

Colin Kendon

ian.hunter@twobirds.com

warren.wayne@twobirds.com

elizabeth.lang@twobirds.com

colin.kendon@twobirds.com

The content of this update is of general interest and is not intended to apply to specific circumstances. The content should not, therefore, be regarded as constituting legal advice and should not be relied on as such. In relation to any particular problem which they may have, readers are advised to seek specific advice. Further, the law may have changed since first publication and the reader is cautioned accordingly.

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