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An employer who dismisses an employee without good reason and without following a fair procedure lays itself open to a claim for unfair dismissal. When such a claim is brought, the employer has to establish the reason for the dismissal. Redundancy is a potentially fair reason for dismissal pursuant to Section 98 of the Employment Rights Act 1996.Redundancy situations can come about if an employer intends to cease to carry on the business for the purposes of which the employee was employed by him or the requirements of the business for employers to carry out work of a particular kind have ceased or diminished. It is important to remember that a redundancy situation can occur when there is no downturn in trade. An employer is perfectly at liberty to consider reducing the number of staff if he needs fewer people to do the same work.Once redundancy has been established, a Tribunal will consider whether the dismissal was fair or unfair, depending on whether in all the circumstances (including the size and administrative resources of the employer’s undertaking), the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee (s.98(4) Employment Rights Act 1996). If an employer wants to avoid a successful unfair dismissal claim by reason of redundancy, this essentially means that he will need to ensure that a fair procedure has been adopted, including defining the pool of potentially redundant employees.The courts have recently been considering the extent of their own capacity to interfere with an employer’s decision as to the composition of a pool. In Capita Hartshead Ltd v Byard, the Employment Appeal Tribunal (“EAT”) handed down a judgment on the principles to be applied by Employment Tribunals in cases challenging the decisions of employers on selecting the pool from which employees are to be dismissed for redundancy. Mr. Byard was an actuary. The ‘pool’ was limited to just Mr. Byard, despite the fact that there were other actuaries doing similar work. The employer argued that the actuaries built up a personal relationship with their clients and that the firm would lose clients if any of the other actuaries were made redundant. The firm believed that the bulk of the work that had diminished was identifiable to Mr. Byard. The original tribunal found that the dismissal was unfair as the other actuaries should have been included in the pool. On appeal, the EAT found that the tribunal had wrongly substituted its own view of what would be a fair pool for selection for that of the employer.The EAT placed particular reliance on this quote from the 1994 case of Taymech v Ryan where the judge said that “there is no legal requirement that a pool should be limited to employees doing the same or similar work. The question of how the pool should be defined is primarily a matter for the employer to determine. It would be difficult for the employee to challenge it where the employer has genuinely applied his mind [to] the problem”. However, the EAT in Capita went on to hold that the appropriate test was to apply the statutory language, i.e. to consider whether the employer acted reasonably. In applying this test, it concluded that, because the original tribunal had found on the facts that the risk of losing clients because of a change of actuary was slight, the employer had not genuinely applied its mind to the selection of the pool. As such, the tribunal were entitled to scrutinise the employer’s decision as to the composition of the pool and were similarly entitled to find that the employer did not act reasonably in restricting the pool to one. As a consequence, the original finding of unfair dismissal was upheld and the appeal by the employer failed.This case should not, however, be seen as opening a door to tribunal scrutiny of an employer’s decision as to the composition of a pool. Whilst employers would be well advised to give logical, genuine and transparent thought as to who should be in the ‘pool’, as long as they can satisfy the test of reasonableness, a tribunal is unlikely to examine them further on this point.

Services for translations are greatly mushrooming with a steady swell in their demand and popularity. However, finding the most competent translation agency can be pretty challenging. In the current market, which is flooded with a number of translation companies, your decision regarding the choice of company can be very risky and might also lead to many serious financial damages. This is because when an important document such as proposal or contract is inaccurately or poorly translated, the results could be highly devastating for your business. The likelihood of errors and mistakes is never-ending unless you go for the services of a reliable and reputable translation agency. Here is the list of a few things that you must consider while selecting services for your translation needs.1. Probe about the repute of various translation companies as their previous works would indicate their service quality, performance and professionalism. Reputed service providers can often provide a vast network of interpreters and translators. Their reputation would be enough to show that they are backed by an extremely strong background.
2. Seek recommendations from your business associates regarding the reliable names of alleged translation agencies.
3. Get feedbacks and opinions from their previous customers instead of totally relying on their websites.
4. See to if whether the interpreters and translators of the company you are intending to deal with are certified and qualified for this job or not.
5. Make sure that they protect the confidentiality and privacy of all the documents that you provide them for translation.
6. Ideally, choose the service provider having a good knowledge about the niche of your business. This would help you get your documents translated in the right context along with the use of right technical terms.
7. Preferably select a translation company offering multiple services as such companies are known to be more proficient and experienced.
8. Also make sure that their track record is good enough when it comes to delivering client’s projects on time.
9. Never compromise regarding the rates as translators who are more expensive are often more accurate and precise in their translations and thus can save your business from many unprecedented financial losses.Besides, it is best to look for translation services rather than independent interpreters or translators because of the quality assurance they can guarantee you. Professional translation agencies would necessarily hire well-qualified, certified and experienced professionals with great expertise and know-how of the translation job. Still, a good research can definitely come handy while finding the most competent translation service provider. So, by taking into account all the above discussed pointers, you can surely look for the best one.