As an Employer, simply following the selection criteria for Redundancy could still mean that you may be faced with an Unfair Dismissal claim being brought against you! Selection criteria for redundancy Employers should consult affected employees regarding the selection criteria and the criteria must be consistently applied and be objective, fair and consistent. Examples of
Depending on the size and nature of the company, the contents of their redundancy procedure would normally contain the following: an introductory statement of intent towards maintaining job security, wherever practicable; details of the consultation arrangements with Trade Union’s or employee representatives; the measures proposed for minimising or avoiding compulsory redundancies; general guidance on the
Can you claim if your employer does not follow the Consultation procedure? -Yes, you can. Employees also have a right to be consulted by their employer if their employer proposes to make a redundancy, if the employer proposes to make 20 or more employees redundant, at one establishment, over a period of 90 days or
Less work does not mean redundancy! The statutory definition of redundancy is found in section 139 of the Employment Rights Act 1996 which states: For the purposes of this Act an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to- (a)
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