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.
Voluntary Redundancy PayVoluntary redundancy payouts from your employer are usually higher than statutory payments. These are the general guidelines: Under 22 years old: You get half a week's pay for each year worked. 22 – 41 years old: You get one week's pay for each year worked.
There's no time limit for how long the period of consultation should be, but the minimum is: 20 to 99 redundancies - the consultation must start at least 30 days before any dismissals take effect. 100 or more redundancies - the consultation must start at least 45 days before any dismissals take effect.
No, when an employer invites employees to put themselves forward for voluntary redundancy, it can reserve the right to refuse applications.
Voluntary redundancy notice periodOne week's notice (for those employed between one month and two years) One week's notice for each year (for those employed between two years and 12 years) 12 weeks' notice (for those employed for a period of more than 12 years)
Voluntary redundancy packages typically offer more in terms of financial compensation to employees than compulsory redundancy. A voluntary redundancy package will typically go over and above these limits to incentivise staff and increase interest in your offer.
You don't need to advertise the fact that you have been made redundant by the sound of your answers. If you are still in a consultation period with your current employer you will technically still be employed by the company and therefore a new employer only needs to know about your current state of employment.
Claim for redundancy and other money you're owed by an employer
- a 'CN' (case reference) number.
- your National Insurance number.
- an email address.
- your bank or building society details (so you can get paid)
- the date you became redundant (if you lost your job) - this can be found on your official letter of redundancy.
It's best to tell an employee face to face that you're making them redundant. You should also let them know in writing. You should include in the letter: their notice period.
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.
The bottom line: Generally, an employer cannot terminate an employee who is absent from work due to personal illness or injury if the reason for the dismissal is based on the employee's absence from work.
Thus a refusal by an employee to accept the reduction in hours will almost always trigger a redundancy entitlement because it is unlikely that an employer in that situation will be able to convince the Fair Work Commission that the offer of reduced hours (particularly if there is any material reduction in remuneration)
Fair reasons for redundancy
- asked for one of your rights at work - for example asking for minimum wage, holiday or maternity leave.
- took action about health and safety - for example making a complaint.
- are a whistleblower - you've reported your employer for doing something illegal.
- work part-time or are on a fixed-term contract.
Ask why; why now; what are they hoping the redundancy or redundancies will achieve; what will happen to your duties and responsibilities; what alternatives have they considered (for example, furlough etc)? Make sure your concerns are known and make sure you obtain a response from your employer to your questions.
Reality: To dismiss someone fairly for redundancy you must adopt a procedure that is fair and reasonable in all circumstances. However, since the enactment of equality and anti-discrimination legislation, LIFO cannot be used as the only measure to decide who is going to lose their jobs in a redundancy situation.
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.
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.
This definition makes it clear that you cannot use redundancy as the reason for dismissing a poorly performing employee. Furthermore, if you recruited someone into the same or a similar role soon after, your real motive will be obvious and you could end up with an unfair dismissal claim.
A selection pool is a way of grouping employees who are at risk of redundancy. The pool helps make sure employees are selected for redundancy in a fair way. employees doing the same or similar role who are at risk of redundancy. employees with the same or similar skills in other roles who are at risk of redundancy.
What is compulsory redundancy? It's where a business can end an employment contract because of things such as a change in business circumstances. You can also call the process mandatory redundancy, but the more common term is “compulsory”.
I was so sorry to hear about your job. You are very talented and I know something beautiful will come your way soon. Hang on in there!"
