| Winter 2008/9 - Bulletin |
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In the Autumn 2008 update we joked that pro employer decisions were as rare as a profitable bank in the City. The pace of deterioration in the economy since the Autumn is known only too well to everyone - and we are all finding that our section of the economy is one of the hardest hit. We at MILS have been working flat out over the last few months advising motor industry employers on the best ways to deal with the redundancies and restructuring brought about by the present economic climate. To lighten the gloom with a sparkle of New Year light (anyone for some ‘green shoots’?!) we can again report some pro employer decisions in the Tribunals… In this update we are looking at a case which appears to strengthen employers’ arguments that LIFO (Last In First Out) can still be used in redundancy selection criteria - and not fall foul of the Age Discrimination Regulations. We also look at a case in which an employer's ignorance of their obligations under TUPE actually gave them a stronger defence in the Tribunal and a case which warns against using unqualified employment law consultants when dealing with potentially litigious matters. To even up matters (it is dark out there - and a long time until the spring) we look also to a case on the thorny issue of holiday pay which may concern some employers. Finally as February sees the annual update in compensation limits, we also highlight the same. NB: At the time of going to press the European Court has now given Judgment in the case of Stringer v HMRC regarding the accrual of holiday pay for long term sick employees. This will be covered in the next update in full when the full ramifications of the Judgment will be clearer.
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