Volunteers are often the bedrock of charitable organisations, but they are not protected from sexual harassment within those organisations.
The new time limit applies to all redundancies where the proposal to dismiss is made on or after 6 April 2013. This means that the changes will not apply to consultations which have already begun and are still on-going on 6th April. For dismissals of 20-99 employees, the consultation minimum remains at 30 days.
The new legislation confirms that employees whose fixed-term contracts are coming to an end by reason other than redundancy will not ‘count’ towards the total number of employees. Employees whose fixed term contracts are therefore being terminated on the grounds of redundancy will need to be included. However, this change could mean the difference between consulting for 30 days, 45 days or not at all. Voluntary redundancies will still need to be counted.
As before, there is no specified time limit for consultation to take place and employers should be aware that the purpose of consultation has not changed. Consultation should therefore still be carried out in good faith with the intention to be meaningful. This could mean delaying dismissals to allow for longer consultation in certain circumstances, particularly if employers need to allow for election processes before the minimum period starts. In addition, the upper limit for the protective award where employers fail to consult remains at 90 days’ pay.
In light of the changes, ACAS have produced non-statutory guidance which sets out case studies and provides a ten-point checklist for handling collective redundancies. The Guide is intended to offer clarity for employers regarding collective redundancy, distinguishing between what ‘must’ be done and what ‘should’ be done in an attempt to highlight to employers the strict legal obligations.
The code can be found here.
For more information
For more detailed information on the changes, or for assistance in planning a restructure within your organisation, please contact Kate Watkins on 0121 212 7494 or email@example.com.
Here at Anthony Collins Solicitors, we have been hard at work advising a charity client, BICMP, on its new music project, ‘Resonance’.
Currently, the only ground for divorce is irretrievable break down of a marriage. Following a consultation, the Government has announced its intention to reform the legal requirements for divorce.
The UK Information Commissioner’s Office (ICO) has recently made some noteworthy changes to its guidance around data subject access requests (DSARs).
In the fourth part of our series on contract management pitfalls, we look at the risks arising out of varying the terms of construction contracts.
A local authority recently received a "roasting" by the Pensions Ombudsman for their delay in processing an employee’s ill-health retirement pension, following her diagnosis with advanced cancer.
The Times is looking for three or four charities to feature in their editions running in December 2019 and early January 2020.
Cliff Mills defines and talks about the importance of social value in his blog, and its potential within Greater Manchester.
Following a power outage at Anthony Collins Solicitors’ (ACS) Birmingham office, our employees and partners currently have limited functionality, including no access to emails.
Joint ventures present an opportunity for housing associations to build organisational capacity, the revenues from which could help deliver on wider social housing commitments.
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