Clifford Chance

Individual dismissal for redundancy: recent interpretation by the courts

7 July 2017

Focus on recent decisions of the Supreme Court and of lower courts on dismissal for economic-technical, production and organisational reasons.

The trend for the Supreme Court has been of greater openness towards business reorganisations aimed at improving productivity and new criteria for choosing among employees having the same tasks.

Stricter, instead, is the obligation to offer alternative job positions, after changes made by the Jobs Act to the regulations applicable in case of change of duties.

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