Waiver invalid because last contract was too short
Article Abstract:
The EAT's ruling dismissing BBC's appeal against the industrial tribunal ruling in British Broadcasting Corporation vs Kelly-Phillips addressed the issue of redundancy waivers in relation to unfair dismissal in the context of aggregated periods of employment. The EAT examined the case in keeping with s.197(5) of the Employment Rights Act of 1996. The EAT ruling stemmed from the final employment contract being for a period of less than a year. The industrial tribunals other three reasons including the legitimacy of fixed term contracts were not upheld by the EAT.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1997
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Variation and unfair dismissal
Article Abstract:
United Kingdom law on unfair dismissals has applications to variations of employment contracts involving transfers and related dismissals. The decision of Wilson v. St Helens Borough Council invalidated a variation due to a transfer of undertakings, and this could have powerful consequences but this decision is on appeal. Regulations and case law covering contract variation, constructive dismissal, unfair dismissal, collective issues and contracting out are discussed, including European Union law.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1996
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Employees retained on temporary basis entitled to redundancy pay
Article Abstract:
The UK Employment Appeal Tribunal (EAT) upheld a tribunal's finding that employees who work after their dismissal date for the same employer but under different terms are entitled to redundancy pay. In S Jones Industrial Holdings v Jarvis, the EAT decided standard contractual guidelines applied. The company apparently did not argue that s.84 of the Employment Protection (Consolidation) Act of 1978 barred the employees from such pay.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1995
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