Tag: 贵族宝贝AOX

Q & A

first_imgRelated posts: Features list 2021 – submitting content to Personnel TodayOn this page you will find details of how to submit content to Personnel Today. We do not publish a… Previous Article Next Article Q & AOn 11 Dec 2001 in Military, Personnel Todaycenter_img Comments are closed. Your legal questions answeredQ  Our company is going through alarge-scale redundancy programme. One employee is being particularly difficultand is insisting we pay him the same enhanced redundancy package we offered toredundant employees two years ago. Is he right? The package we are offering atthe moment is less, although still more than statutory redundancy pay. A  For your employee to arguesuccessfully that he is entitled to the previous redundancy package, he willneed to show he has a contractual right to receive that same package. This will depend on his ability to show that the previous package has becomecontractual by “custom and practice.” The legal test is that it mustbe “certain” and “notorious”. The sorts of questions you need to consider are: How often the same packagehas been offered to your staff; what sort of information about the package wasgiven to employees at the time; were the packages expressed to be discretionaryand/or capable of variation or discontinuation at any time; did each redundancypackage require individual sign off by the employees’ line managers? If you are able to show some of these, then you may be able to resist theemployee’s claim. Q  We are reducing the number ofsales managers from two to zero. Our current head of sales will absorb their role.We have told both of the displaced managers what is happening but one of themis disputing our business case. He is also refusing to enter into anyconsultation with us, and is threatening to “create trouble”. Whatshould we do? A  If the company’s business caselooks genuine, the tribunal is unlikely to probe the commercial merits of anydecision to make redundancies. But the issue of consultation is more difficult. If you have made repeatedunsuccessful attempts to engage in dialogue with the employee, then you areprobably justified in abandoning your efforts to consult with him. Given the employee’s unco-operative behaviour, he is likely to havedifficulties in bringing a claim for unfair dismissal based on a lack ofconsultation. Keep a record of your attempts to speak to him, so that if heclaims lack of consultation, you can rebut that. Q  Two of our employees are in theTerritorial Army and may be called up to go to Afghanistan. If this happens, wewill need to arrange cover for them. Do we have to take them back when theyreturn? A  If your employees ask for theirjobs back within six months of the end of their military service, you areobliged to reinstate them on terms no less favourable than before. If this isnot reasonable or practical, they must be employed in the most favourableposition and on the most favourable terms reasonable and practical. However, if they wait more than the six months, you are under no obligationto reinstate them. If they apply within the six-month period, then their periodof military service does not break the continuity of their employment with you.Nicholas Moore is head of employment at Osborne Clarke last_img read more