Question: Can I Be Made Redundant If My Job Still Exists?

What are the rules around redundancy?

According to redundancy law, you’re entitled to a minimum notice period of:12 weeks’ notice if employed for 12 years or more.At least one week’s notice if you have been employed between one month and two years.One week’s notice for each year if employed between two and 12 years..

What are the stages of redundancy?

Basically, there are five main stages to consider during the redundancy process:Stage 1: Preparation. … Stage 2: Selection. … Stage 3: Individual Consultation. … Stage 4: Notice of Redundancy and Appeals. … Stage 5: The Termination Process.

How do you prove unfair redundancy?

The tribunal will look at whether:there was a genuine need to make redundancies in your workplace.your employer followed a fair procedure for consulting the workforce and selecting people for redundancy.the decision to select you was fair.More items…

Can I be made redundant without consultation?

If you do not consult employees in a redundancy situation, any redundancies you make will almost certainly be unfair and you could be taken to an employment tribunal. You must follow ‘collective consultation’ rules if you’re making 20 or more employees redundant within any 90-day period at a single establishment.

Is statutory redundancy pay increasing in 2020?

This weekly pay is itself subject to a cap of a prescribed amount. As from 6 April 2020, the prescribed cap on weekly pay will increase to £538. Consequently, statutory redundancy pay will increase, with the maximum payment increasing to £16,140.

What is a true redundancy situation?

A genuine redundancy is one where your employer has a real business reason to make you redundant – usually because: your employer doesn’t need you to do your job any more.

What are fair reasons for redundancy?

Fair reasons for redundancy must be objective and able to be measured. For example, attendance history, punctuality, skills and experience, performance and disciplinary history are all considered as fair reasons for redundancy. Length of service and qualifications may also be considered.

What is unfair redundancy?

Unfair dismissal occurs when your employer has not followed a fair redundancy process. Employers should always speak to you directly about why you have been selected and look at any alternatives to redundancy. … In addition your employer must not have an unfair reason for selecting you for redundancy, for example: Age.

What is a fair redundancy process?

Your employer has to follow a fair redundancy process if you’ll have worked for them for at least 2 years by the time your job ends. You should be invited to at least 1 individual meeting with your employer to discuss redundancy. Apart from your individual meeting there isn’t a set process.

Do I have to work my redundancy notice period?

If your employer says you don’t have to work your notice period. You’ll still get the same notice pay if your employer says you don’t have to work your notice period. You’ll also still get work benefits, for example pension contributions, unless your contract says your employer can leave them out.

Do I get holiday pay if I am made redundant?

When you are made redundant, you are also entitled to any holiday pay you are owed for untaken holiday days. However, be wary – if you have taken MORE days than your entitlement your employer is within their legal rights to dock this from your final pay settlement.

Can you refuse redundancy?

Your employer can refuse to pay your redundancy pay if they don’t think you have a good reason for turning down the job.

How long do I have to claim for unfair redundancy?

There are strict time limits for making a claim to an employment tribunal. The time limit is 3 months less 1 day after the date of your dismissal or the date when your notice period ran out. You must give the exact date you were told you were dismissed.

Can you be made redundant if your job is still there?

Can I be made redundant if my job still exists? … Redundancy is only allowed if there’s no longer a need for the role to exist, and it certainly isn’t legal for you to be made redundant only for your job to be taken by someone else shortly after you’ve been made redundant.

How long after making someone redundant Can they be replaced?

Therefore, generally, you should not recruit into a role that you have made redundant for a minimum of 6 months after the termination date of the employee.

What are you entitled to when you are made redundant?

If you are an employee with at least two years’ service in your job, you are entitled to a statutory redundancy payment. The law sets a minimum payment. This is normally paid by your employer, but the State will pay if your employer has gone bust. … one week’s pay for every year of service between 22 and 40; and.

What are the 5 fair reasons for redundancy?

5 Fair Reasons for DismissalConduct/Misconduct. Minor issues of conduct/misconduct such as poor timekeeping can usually be handled by speaking informally to the employee. … Capability/Performance. … Redundancy. … Statutory illegality or breach of a statutory restriction. … Some Other Substantial Reason (SOSR)

What are the alternatives to redundancy?

Six alternatives to making staff redundantUse the Job Retention Scheme extension. The Job Retention (furlough) Scheme was set up to help employers retain staff during coronavirus restrictions. … Reduce working hours. … Freezing training budgets. … Freezing pay. … Introducing flexible working arrangements. … Lay-off.Nov 2, 2020

How much redundancy money will I get?

Redundancy pay is based on your earnings before tax (called gross pay). For each full year you’ve worked for your employer, you get: up to age 22 – half a week’s pay. age 22 to 40 – 1 week’s pay.

How many weeks pay do you get for redundancy?

How much is paid?Length of service​Redundancy paymentLess than 2 years, but more than 14 weeksLess than 3 years, but more than 26 weeksLess than 4 years, but more than 37 weeksLess than 5 years, but more than 48 weeks6 more rows•Jan 16, 2019

Add a comment