Employment Law

At times redundancy may possibly occur and your employer has a legal obligation to treat you fair and adhere to the correct procedure when they may be contemplating who to make redundant. They will also require to believe if there are any alternatives to making a person in the organization redundant.

Redundancy is a form of dismissal and due to the fact that your employer who could be in a position in which they will require to minimize the quantity of employees they have. This could be due to the fact of any number of reasons, such as new technologies or a new system has made your job unnecessary or the job you had been hired for no longer exists or the need to cut costs indicates thaty staff members should be reduced or the enterprise is closing down or relocating.

If the employer is making 20 employees or less redundant, then it is referred to as an individual consultation, but if 20 or more employees are being made redundant within a 90 day period then it is referred to as a collective redundancy. These varieties of redundancy will usually occur when there is a organization or building closure, meaning the employer no longer requirements as many employees or reorganisation or reallocation of work.

Employers really should discuss with you about the option of redundancy before really making you redundant. This discussion really should aim to supply you with a way to control the redundancy process. The discussion should include speaking to you directly about why you have been selected for redundancy and looking atany possible alternatives to redundancy. In the event that neither of these requirements takes place, and you are selected to be made redundant, then your redundancy will be deemed unfair. If however, the employer is going to be making collective redundancies (that is 20 or much more employees being made redundant), then the employer has a legal obligation to discuss with those selected employees representatives about the redundancy. Nonetheless, if this does not take place, then the employee may be able to make a claim at the employment tribunal to claim for a protective award which will consist up to 90 days pay.

An employer is under an obligation to use a fair and objective way of deciding who is to make redundant, which means that there really should be evidence to back up the decision rather than a subjective choice from the employer as to who should be made redundant. In regular circumstances, the job that an employee has will have to no longer exist just before an employer can make an employee redundant. However, redundancy can still be valid if somebody else moves into your job after their job disappears, resulting in you being made redundant. This method is called bumping, which can cause a couple of issues as it is tough for an employer to prove that they had been acting fairly. If the redundancy selection was based on an unfair reason, then an employee’s redundancy will automatically be classified as unfair and that employee will be able to make a claim to the employment tribunal for unfair dismissal.