Download e-book for kindle: A Guide to Redundancy Law by Edward Benson (auth.)

By Edward Benson (auth.)

ISBN-10: 1349078786

ISBN-13: 9781349078783

ISBN-10: 1349078808

ISBN-13: 9781349078806

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Bowen ([1982] IRLR 54), Mr Bowen, having been given notice to expire on 31 December 1980, wrote to his employers saying: ... 80 should I request it. In view of that telephone conversation therefore, I formally request that I do terminate my employment ... 80. 80 regarding your leaving date. I am pleased to confirm that your offer to leave the company on 10 November ... is acceptable. The EAT held that, despite the agreement to leave early, Mr Bowen had been dismissed and so was entitled to redundancy pay.

17(5)). This does not cover a change from a partnership to a sole trader, or vice versa (Harold Fielding Ltd v. Mansi- [1974]IRLR 79. and Wynne v. Hair Control- [1978] ICR 870). But para. 17(2) might apply (Allen & Son v. Coventry- [1979] IRLR 399); (4) the new employer is an associated employer of the old - see page 45 (para. 18). Relevant Date The relevant date is normally the date the employment ends. 90( I )(d)); (5) if an employee is given notice of dismissal, but leaves earlier than the expiry of his employer's notice, by giving notice himself.

2 Dismissal GENERAL INTRODUCTION An employee only becomes entitled to redundancy pay if he has been dismissed by reason of redundancy, or, in certain circumstances, if he has been laid off or kept on short-time (see Chapter 5). This chapter explains what is meant by 'dismissal' in the content of redundancy. Sometimes the employer concedes that the employee was dismissed, in which case the tribunal moves on to the question of whether the reason was redundancy, for which, see the next chapter. Otherwise it will be up to the employee to prove he was dismissed.

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A Guide to Redundancy Law by Edward Benson (auth.)

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