Redunancy legalities
Discussion
Hi, I'm asking this question on behalf of the admin staff at the office where I work as it seems wrong to me what has happened to them. It certainly doesn't seem right morally, but I'm not even convinced it's legal.
In a nutshell, 10 admin staff have been made redundant and told they can re-apply for similar jobs but there are only 6 jobs on offer. They all have a 1 month notice period, and were only given this information last week. By tomorrow, they have to hand in a form indicating whether they'd like to apply for one of the jobs or take redunandcy.
The redunandancy package has not been discussed, nor will it be unless the staff member actually indicates on the form that she wants to take redundancy.
How can anyone decide that the redundancy is a real alternative without knowing what it is? Surely this can't be legal?
Any advice greatly appreciated. I feel so annoyed about this even though luckily my job isn't on the line here.
Cheers,
Boon
In a nutshell, 10 admin staff have been made redundant and told they can re-apply for similar jobs but there are only 6 jobs on offer. They all have a 1 month notice period, and were only given this information last week. By tomorrow, they have to hand in a form indicating whether they'd like to apply for one of the jobs or take redunandcy.
The redunandancy package has not been discussed, nor will it be unless the staff member actually indicates on the form that she wants to take redundancy.
How can anyone decide that the redundancy is a real alternative without knowing what it is? Surely this can't be legal?
Any advice greatly appreciated. I feel so annoyed about this even though luckily my job isn't on the line here.
Cheers,
Boon
How can they be deemed redundant if they are being told that they can be re-employed in virtually the same role?
In legal terms, it is the "role" that becomes redundant, not the person.
Obviously, if there is a genuine need to make four people redundant, that would be perfectly legal. How the business goes about choosing which four people need to be let go is down to them as long as the process is fair and equitable.
Maybe they feel that this is the best way to proceed with the redundancies.
In legal terms, it is the "role" that becomes redundant, not the person.
Obviously, if there is a genuine need to make four people redundant, that would be perfectly legal. How the business goes about choosing which four people need to be let go is down to them as long as the process is fair and equitable.
Maybe they feel that this is the best way to proceed with the redundancies.
Without knowing all the details, it seems that 10 staff have been fed into the redundancy process. 10 admin jobs will be reduced to 6. So, on a basic understanding of those facts a redundancy situation. It seems like they are seeking some people to take voluntary redundancy. If 4 take that option then quite possibly they can re-deply the remaining 6 into the other 6 positions. If not then they will have to implement some form of selection process. There are some formalities in terms of times, letters, consultation etc but I won't go into detail here but the basic process can be dug up on the web. As for 'redundancy package' then there is either the basic statutory entitlement or there may be something contractual.
On the other hand, if 4 volunteer and they are entitled to a large basic/contractual redundancy payment then the company might take a view that they might use a last in first out (if they get it past their legal guys re Age Discrimination) policy. This might lead to 4 people who are not entitled to any redundacy payment statutory or contractual.
On the other hand, if 4 volunteer and they are entitled to a large basic/contractual redundancy payment then the company might take a view that they might use a last in first out (if they get it past their legal guys re Age Discrimination) policy. This might lead to 4 people who are not entitled to any redundacy payment statutory or contractual.
Without knowing tyhe redundancy package, how can they know whether or not to take it.
I assume this is the first time that your company has gone through the redundancy process?
If all the "affected employees" stick together, and insist on a formula to calculate their package...and a formula that will be used in the selection process....your company will hopefully be a bit more forthcoming with their information.
If this is the first time for your company...it may be ignorance...and you may already know more than they do. There are a few websites but I believe www.acas.org is the one that your company must adhere to.
I assume this is the first time that your company has gone through the redundancy process?
If all the "affected employees" stick together, and insist on a formula to calculate their package...and a formula that will be used in the selection process....your company will hopefully be a bit more forthcoming with their information.
If this is the first time for your company...it may be ignorance...and you may already know more than they do. There are a few websites but I believe www.acas.org is the one that your company must adhere to.
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