What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

Redundancy: Don’t Cut Corners On Alternative Employment

A genuine redundancy and fair selection process aren’t enough on their own to carry out a fair redundancy dismissal. Employers also have a legal duty to explore alternative roles for affected employees – and taking a half-hearted approach risks making the whole process unfair.

That’s the clear message from the recent case of Hendy Group v Kennedy. Mr Kennedy was a training manager at a car dealership group, with over 10 years of previous experience in car sales. When his training role was at risk, he applied for several internal vacancies – mainly in sales – but was unsuccessful and then dismissed for redundancy.

The tribunal accepted that the redundancy was genuine. But it still found the dismissal unfair.

Why? Because the employer didn’t make a proper effort to help Mr Kennedy find another role.

Key issues included:

He had to find and apply for vacancies like an external candidate
HR gave no help in identifying suitable roles
He was told further sales role applications would be rejected as his motive in applying for them was questioned
Managers weren’t told he was at risk of redundancy
Some emails were sent to an address he couldn’t access
No real attempt was made to match him to vacancies

The tribunal found that if the employer had acted fairly, Mr Kennedy likely would have found another role. He was awarded full compensation, with no Polkey deduction.

HR takeaway: Supporting employees at risk of redundancy isn’t just good practice – it’s a legal requirement. That means more than just pointing to a vacancy list. You need to: