Abstract
Abstract A description of the law relating to business reorganisations would be incomplete without a statement of the common law principles which may apply. The situation in which the common law is perhaps most likely to be of practical importance is where the employer has a policy of giving employees who are dismissed by reason of redundancy more by way of compensation for the loss of that employment than is required by the ERA 1996. The question whether the employer is obliged by the law of contract to give employees such enhanced redundancy payments will then arise. A subsidiary question which may arise where there is such a contractual obligation is whether the employer can lawfully dismiss for a reason other than redundancy an employee whose dismissal for redundancy would otherwise have occurred.
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