Labour & European Law Review
26 October 2005
ACAS has recently produced a number of guides, which may be of interest to trade unions.
Redundancy Handling: The aim of this booklet is to provide guidance on how best to handle redundancies.
In the event of redundancy, the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A), says that employers have to consult with the union (or directly with their employees) to try to avoid dismissing anyone or, at least, keep the numbers to a minimum. If not, they may find themselves subject to a protective award.
Under the Transfer of Undertakings (Protection of Employment) Regulations 1981, the transferor has an obligation to consult staff as soon as possible about a potential transfer.
Until the introduction of new dispute resolution rules in October last year, there was a particular question that tribunals were not allowed to ask in unfair dismissal claims.
Under section 4A of the Disability Discrimination Act 1995, employers have a duty to make reasonable adjustments to any provision, criteria or practice or any physical feature of the employer's premises which put a disabled person at a substantial disadvantage in comparison with people who are not disabled.
It is well established in law that pregnant women employees or women on maternity leave are entitled to special protection.
For a claim of constructive dismissal to succeed, the employee has to show that the employer breached a fundamental clause of their contract; that they resigned in response to that breach; and that they resigned fairly soon after the breach.
The Race Relations Act applies to anyone discriminated against on the basis of their race, ethnic or national origins, colour or nationality (defined as "racial grounds").