Employment Law – Redundancy

I found this article relating to Employment Law which I thought may be of interest. So here it is for you

Sometimes redundancy may occur and your employer has a legal obligation to treat you fair and adhere to the correct procedure when they may be considering who to make redundant. They will also need to think if there are any alternatives to making someone in the company 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 need to reduce the amount of employees they have. This could be because of any number of reasons, such as; new technologies or a new system has made your job unnecessary; or the job you were hired for no longer exists; or the need to cut costs means thaty staff members must be reduced; or the business 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 called a collective redundancy. These types of redundancy will usually occur when there is a business or building closure, meaning the employer no longer needs as many employees; or reorganisation or reallocation of work.

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Employers should discuss with you about the option of redundancy before actually making you redundant. This discussion should aim to supply you with a way to control the redundancy procedure. 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 more employees being made redundant), then the employer has a legal obligation to discuss with those selected employees representatives about the redundancy. However, if this does not happen, 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 should be evidence to back up the decision rather than a subjective decision from the employer as to who should be made redundant. In normal circumstances, the job that an employee has will have to no longer exist before an employer can make an employee redundant. However, redundancy can still be valid if someone else moves into your job after their job disappears, resulting in you being made redundant. This process is called bumping, which can cause a few problems as it is difficult for an employer to prove that they were 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.

 

I am a legal writer covering advice on topics of law including redundancy, for further text and similar works visit employment law or contact a solicitor today.For more legal advice and information, and for free legal resources I suggest you visit lawontheweb.co.uk.
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