a fair redundancy
TRANSCRIPT
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Marie WalshWinston Solicitors LLP
112 Street Lane Roundhay [email protected]
A Fair Redundancy
A little bird told me….
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Summary
Definition of RedundancyProcedureConsultationRedundancy and Unfair DismissalRedundancy Payments
Definition
Section 139 ERA 1996
If the dismissal is “wholly or mainly attributable” to the employer
Ceasing or intending to cease to carry on business for the purposes of which the employee was employed by it (business closure)
Definition - Section 139 ERA Cont
Ceasing or intending to cease to carry on the business in the place where the employee was employed (work place closure)
Having a reduced requirement for employees to carry out work of a particular kind or to do so at the place where the employee was employed to work (reduced requirement)
Procedure
Warning – At RiskVolunteersSelection Provisional selectionConsultation meetingsAlternativesDismissal
Collective consultation TULRCA 1992
20 or more employees over a period of 90 days
Under 100 – 30 daysOver 100 – 45 days
Before the first dismissal takes effect
Notify the Secretary of State
Redundancy and UD
Redundancy is a potentially fair reason for dismissal
Section 98(4) applies – Fair ProcedurePool employeesSelect based on objective criteriaBe transparentAvoid any discrimination pitfalls
Alternatives
Trial Periods
Bumping.....
Redundancy Payments
0.5 week's pay for each full year they were under 22
1 week's pay for each full year they were 22 or older, but under 41
1.5 week's pay for each full year they were 41 or older.
Employees can only count a maximum of 20 years' service and the 'weekly pay' is subject to an upper limit.
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