The current turbulent economic situation created by the recently imposed tariffs has left many businesses reviewing their position and taking steps to stay afloat. For many businesses the only possibility is cutting down their workforce with a redundancy programme. It is vital that the process is conducted with strict adherence to the due process of the law for, a redundancy to be genuine, it must be demonstrated that the employee’s job will no longer exist.
Employers are permitted to use disciplinary records, past appraisals and other objective factors to assist them with the selection. However, they are not allowed to consider anything that amounts to discrimination on the basis of age, sexual orientation, marital status, gender, race, disability, religious beliefs, membership of a trade union, maternity or paternity leave, pregnancy, or whistleblowing.
Whilst an employee’s absence record can be used as a criterion for redundancy selection, but it must be done carefully to avoid discrimination. There must be a fair basis for selection and absence due to pregnancy, maternity leave or disability should not be considered. Also, as mentioned above, membership of a trade union or whistleblowing should not be a factor in the selection. Adding an employee to the programme because they are unpopular is also not a fair reason. The business could now be exposed to a claim brought in the Employment Tribunal for a number of issues such as unfair dismissal, discrimination and a breach of process. Business owners must not treat redundancy as a way to rid the company of employees that they do not like.
You have a right to 'consultation' with your employer under the current employment law if you're about to be made redundant. This is your opportunity to hear the reasons behind your redundancy and to raise the possibility of alternatives to this route, such as re-deployment or re-training. If your employer hasn't offered you any consultation, you may be able to take your case to an employment tribunal.
Employees are entitled to redundancy pay as follows:
- Half a weeks' pay for each full year of employment where you were under the age of 22
- One weeks' pay for each full year of employment between the ages of 22 and 40 inclusive
- 1.5 weeks' pay for each full year of employment in which you were not below the age of 41
Employers must try to find suitable alternative employment within the organisation for employees that they have made redundant. Employees can try out an alternative role for four weeks (or more if agreed in writing) without giving up their right to redundancy pay. In some cases, an employee has the right to be offered an alternative role even if there are others within the business who may be more suitable for the role. Suitable alternative jobs must first be offered to employees who are pregnant, or returning from maternity leave, returning from adoption leave, on shared parent leave or returning from at least six weeks continuous parental leave. Employees returning from maternity leave, adoption leave or at least six weeks Shared Parental Leave have the right to alternative job offers for 18 months from the date their child was born or adopted.
Employees who have not had the opportunity to build up an employment record should not be castigated, also women and disabled people whose careers have been interrupted should also not be penalised.
Our employment lawyers have achieved a number of notable successes in the Employment Tribunal in that they have succeeded in obtaining significant awards for employees that have been dismissed or made redundant unfairly. Our employment team seek to achieve awards without recourse to the Tribunal, where possible. Our lawyers have achieved successes both in and out of Tribunal a displaying dogged determination to obtain the maximum awards for our clients. We understand that our clients have experienced a traumatic occurrence that has a serious impact on their well-being, having been placed in the position where it could be difficult to achieve a successful outcome.
Giambrone and Partners employment lawyers can assess your situation and assist you if your employer has breached employment law. Our lawyers can assist in arbitration and mediation processes as well as with matters heard in the Employment Tribunal.
If you believe you have been unfairly treated in the workplace when selected for redundancy or when being dismissed please click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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