Redundancy process - employees with 2 years service
Discussion
For employees with less than two years service, I understand that they aren't necessarily entitled to a redundancy payout, however, as far as I'm aware, the redundancy process must still be fair. What happens if the employee can prove that the process was not carried out fairly. Does he/she have a leg to stand on?
(1) The employer has no obligation to be fair to an individual in making him or her redundant if he/she has under two years continuous employment. So, no leg to stand on.
(2) In the event of redundancies affecting many employees at once, however, the employer may have some obligations as to consultation of employee representatives and so on. That's not about unfair dismissal; it's about collective consultation. Where the collective consultation obligation arises, and is breached, this can give rise to something known as a protective award. That's a fairly big subject, distinct from the subject of unfair dismissal.
(3) Fewer than two years, not less! "Less jam, fewer spoons".
(2) In the event of redundancies affecting many employees at once, however, the employer may have some obligations as to consultation of employee representatives and so on. That's not about unfair dismissal; it's about collective consultation. Where the collective consultation obligation arises, and is breached, this can give rise to something known as a protective award. That's a fairly big subject, distinct from the subject of unfair dismissal.
(3) Fewer than two years, not less! "Less jam, fewer spoons".
Edited by anonymous-user on Wednesday 2nd December 19:23
Breadvan72 said:
(1) The employer has no obligation to be fair to an individual in making him or her redundant if he/she has under two years continuous employment. So, no leg to stand on.
(2) In the event of redundancies affecting many employees at once, however, the employer may have some obligations as to consultation of employee representatives and so on. That's not about unfair dismissal; it's about collective consultation. Where the collective consultation obligation arises, and is breached, this can give rise to something known as a protective award. That's a fairly big subject, distinct from the subject of unfair dismissal.
(3) Fewer than two years, not less! "Less jam, fewer spoons".
Ok, thanks for the useful info.(2) In the event of redundancies affecting many employees at once, however, the employer may have some obligations as to consultation of employee representatives and so on. That's not about unfair dismissal; it's about collective consultation. Where the collective consultation obligation arises, and is breached, this can give rise to something known as a protective award. That's a fairly big subject, distinct from the subject of unfair dismissal.
(3) Fewer than two years, not less! "Less jam, fewer spoons".
Edited by Breadvan72 on Wednesday 2nd December 19:23
I'd go so far as to say if they're actually considering calling it redundancy for someone who's got um, fewer than 2 years service then that's not a bad thing. Many companies would bring in a performance review where strangely, the person who they need out, isn't performing as well as what they hoped so they're off.
If it's you in this situation, what I learned from doing similar recently is to take a look at your ear to mouth ratio and work with that first to see what options present themselves. I was a month off 2 years and negotiated it into a reasonable redundancy situation when the company I worked for needed to make some quick cuts
If it's you in this situation, what I learned from doing similar recently is to take a look at your ear to mouth ratio and work with that first to see what options present themselves. I was a month off 2 years and negotiated it into a reasonable redundancy situation when the company I worked for needed to make some quick cuts
andy-xr said:
I'd go so far as to say if they're actually considering calling it redundancy for someone who's got um, fewer than 2 years service then that's not a bad thing. Many companies would bring in a performance review where strangely, the person who they need out, isn't performing as well as what they hoped so they're off.
If it's you in this situation, what I learned from doing similar recently is to take a look at your ear to mouth ratio and work with that first to see what options present themselves. I was a month off 2 years and negotiated it into a reasonable redundancy situation when the company I worked for needed to make some quick cuts
or simply the dead wood is not the young in service people ... If it's you in this situation, what I learned from doing similar recently is to take a look at your ear to mouth ratio and work with that first to see what options present themselves. I was a month off 2 years and negotiated it into a reasonable redundancy situation when the company I worked for needed to make some quick cuts
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