Employee's objection to substantial detrimental changes

Article Abstract:

The European Court of Justice's (ECJ) 1996 Merckx case ruling says that the EC Business Transfers Directive requires Member States to hold employers responsible for employee terminations due to substantial detrimental changes, including relocation. The Directive also requires Member States to determine the disposition of the affected employment contract and does not preclude employee objections to relocation, according to the ECJ. The decision implies that employees can terminate contracts because of detrimental changes without any actual contractual breach.

Employee relocation

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Redundancy payment deducted after "Polkey reduction." (United Kingdom)

Article Abstract:

The UK's Employment Appeal Tribunal decision in the 1996 Digital case held that, in calculating an unfair dismissal compensatory award for a redundant employee, the redundancy payment must be deducted after the so-called "Polkey reduction." An industrial tribunal failed to follow this formula by deducting the redundancy payment first, a mistake which, in effect, credited Digital for only 50% of the required contractual redundancy pay rather than the full amount. The differences between this holding and the rulings in similar cases are discussed.

Damages, Damages (Law)

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