I've got some coursework due for Employment Law by the 23rd and was wondering if anyone could give me a bit of help... It consists of 3 question with the first 2 being about unfair dismissal which is no problem for me but the last question regards redundancy and transfer of undertakings which I missed the seminars for
I'll copy the relevant parts of my question and scenario below:
Please assume that it is now 2nd Feb 2016
(iii) Advice each of the employers and all employees of any claims or liabilities in relation to redundancy and part transfer of Greengrowers to Green Fingers
Greengrowers Ltd is a company based in Portsmouth that specialises in providing plants and flowers to local supermarkets and garden centres in the south of England. It owns twelve sites in the region and, in common with a number of employers in this industry has a high turnover of staff. A few years ago the company adopted non-contractual grievance, disciplinary and discipline procedures based on the ACAS model. All employees are entitled in their contracts to three months' notice.
The firm is committed to providing high quality plants and flowers but as profit margins in this sector can be minimal, only some key staff are permanent employees, others are employed on a casual basis and some work on fixed term contracts.....
... Two weeks later figures reveal that Greengrowers are currently having trouble competing with some of the larger firms in the area and a decision is made to either sell the business or to close it. At 11am 2nd February 2016 all staff are issued with notice of redundancy and a consultation period is begun in the individual locations. The (fictitious) Gardner's Trade Union states that this is in breach of TULR(C)A arguing that all staff employed by the firm should have been consulted collectively.
Greenfingers (another plant specialist) has now seen an opportunity to capitalise on Greengrowers difficulties and have successfully negotiated a takeover of eight Greengrowers' sites. In respect of consultation, Greenfingers decides to consult on a companu wide basis but the employees wish consultations to take place at site level. Greenfingers has refused to accept that those made redundant should have been given the opportunity to transfer rather than be forced into redundancy.
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- Thread Starter
- 13-03-2016 22:24
- Thread Starter
- 13-03-2016 22:48
Okay, so, so far I have made a preliminary plan to define a redundancy situation, and who can claim etc.
I have also noted that to claim redundancy payments, a key part to prove (as with UD) continuity of employment.
Surely, Permanent employees = can claim if can prove continuity of employment
Fixed term employees = Can claim if can prove succesive contracts to prove continuity of employment (Authority: Pfaffinger)
Casual workers = Unlikely to be eligible to claim as im sure they arent regarded as employees for the purposes of s.230 ERA