Have You Been Dismissed Or Offered A Settlement Agreement By P & O Ferries?

• Published date: 30 March 2022
• Subject Matter: Employment and HR, Unfair/ Wrongful Dismissal, Redundancy/Layoff
• Law Firm: Ellis Jones
• Author: Ms Kate Brooks

There has been a lot of press coverage in relation to P & O Ferries and the alleged sacking of 800 staff without any fair process.

Employees are likely to need advice in relation to the following:

1. Unfair dismissal - for employees with over 2 years' service, an employer must have a fair reason for dismissal and follow a fair process relevant to that reason. In a redundancy situation this includes warning employees, at least 2 individual consultation meetings consideration of alternative employment (this does to have to be suitable and should include consideration of any roles in order to minimise redundancies) and the right of appeal. Losses are likely to include the equivalent of net pay until the employee secures an alternative job, or a cap of up to 52 weeks' gross pay; Click here to view further information on Redundancies.
2. Failures in collective consultation - when making over 20 staff redundant in a 90 day period, a collective consultation process will need to be followed which includes set timeframes for consultation, electing employee representatives, and notifying the Secretary of State. In a situation where 800 roles are at risk, the obligation is to consult for at least 45 days. There is a criminal penalty for failing to adhere to collective consultation and a protective award of up to 13 weeks' pay for impacted employees;
3. Wages - employees will be entitled to wages up to the termination date, statutory or contractual notice, and outstanding holiday pay;
4. Redundancy payments - if an employee is made redundant they are entitled to a statutory redundancy payment and any enhanced scheme offered by the employer; and
5. TUPE - this legislation provides protection for employees when there is either a transfer of business or outsourcing of work. If work has been outsourced to agencies, there could be an argument that some of the employees...