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Words: | Submitted: Mon Jun 19 2006
... for the dismissal than it should be "[...] wholly or mainly attributable to [...] the fact that requirements of that business for employees to carry out work of a particular kind [...] have ceased or diminished or are expected to cease or diminish"3. However, if a dismissal for redundancy is to be fair, the employer is required "[...] to give advance notification of collective redundancies to their workers and/or their representatives [see Polkey v Dayton Services Ltd] and to consult with their workers about the implementation of the proposed redundancies"4. Furthermore, he must provide sufficient information to demonstrate that the selection process was fair and that he took reasonable steps to seek alternatives for his employees which was first enunciated in Vokes Ltd v Bear. These provisions of the 92/56/EEC Directive have to apply always. Megahard led through this collective redundancies without staying with the procedure required in Directive 92/56/EEC. ...
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