Into 2009 – if we must!

Can I take this opportunity to wish all my readers a Happy New Year. I know some people read this blog because they point out spelling mistakes!
Many of my clients are undertaking or talking about redundancies, short time and lay-offs. My advice is to check before you take any action. There have been several issues in respect of pregnant employees, those on maternity leave and also age related selection. A recent case (Rolls Royce v Unite [2008]) decided that last-in-first-out (LIFO) is not appropriate as it could be age discrimination.
Did you realise that as from October 2008 employees on maternity leave are now entitled to the full range of company benefits throughout their mat leave – a maximum of 52 weeks. By the way, the proposed extension to mat leave and pay has been shelved until April 2010.
Do not forget that minimum statutory paid holiday entitlement increases to 28 days or 5.6 weeks as from April 2009. This can include public and bank holidays.
If you have any specific topics that interest or annoy you let me know.

The Risks of Redundancy

I have had several clients asking about redundancies, which is good. What is not so good is that other clients have told me that they have already made staff redundant. Beware, you could be setting yourself up for a series of claims!
Employment tribunals seldom challenge the business case for a redundancy. In the current environment the reasons are often patently obvious.
Where the claims can arise is in the area of selection or using a redundancy situation to get rid of that awkward character you have been trying to shift for years.
Selection of staff to reduce numbers of those on similar jobs needs to be by an agreed selection process against reasonable criteria. If in doubt get in touch.