Can I be forced to take redundancy?

Can I be forced to take redundancy?

Your employer can declare your job redundant if the requirement for the work you are doing has either ceased or is diminishing. Redundancy is one of the statutory fair reasons for dismissal, but the employer must still ensure that there is a fair procedure leading to dismissal on these grounds.

What is the law on compulsory redundancy?

Compulsory redundancy involves a defined selection process, initially to determine which job roles will be made redundant, and then to decide the criteria by which staff members will be chosen for potential redundancy.

Can you refuse compulsory redundancy?

No, when an employer invites employees to put themselves forward for voluntary redundancy, it can reserve the right to refuse applications.

What happens if you refuse redundancy?

Refusing an offer You may lose your right to statutory redundancy pay if you unreasonably turn down suitable alternative employment. You can make a claim to an employment tribunal if you think the job you’ve been offered is not suitable.

What is a forced redundancy?

Forced redundancies are, as the name implies, where an employee is involuntarily terminated due to redundancy. There is no prohibition on the employee later accepting employment with the same or a related employer.

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”. And there are two forms: A reduction in staffing numbers.

Does unfair dismissal apply to redundancy?

When an employee’s dismissal is a genuine redundancy the employee isn’t able to make an unfair dismissal claim. A dismissal is not a genuine redundancy if the employer: could have reasonably given the employee another job within the employer’s business or an associated entity in the circumstances.

Does my employer have to give me a reason for redundancy?

Yes, employers need to be able to explain and justify the reasons for making an employee redundant. If the employee considers these to be unfair, they could lodge an appeal and/or bring an employment tribunal claim for unfair dismissal and/or discrimination against the employer.

What are valid reasons for redundancy?

What constitutes grounds for redundancy?

• The need for the worker has diminished or ceased.
• New systems in the workplace.
• The job no longer exists because other workers are doing the work you carried out.
• The workplace has closed or is closing down.
• The business moves.
• The business is transferred to another employer.

  What is better voluntary or compulsory redundancy?

  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.

  When do you get redundancy do you have rights?

  Redundancy is a form of dismissal from your job. It happens when employers need to reduce their workforce. If you’re being made redundant, you might be eligible for certain things, including: You also have specific rights if your employer is insolvent.

  How can I get my redundancy pay reduced?

  An employer can apply to the Fair Work Commission to have the amount of redundancy they have to pay reduced if: the employer can’t afford the full redundancy amount. For more information, check the application to vary redundancy pay form on the Fair Work Commission website . Think a mistake might have been made?

  Can You claim redundancy if your employer is insolvent?

  Use this service to claim money if your employer owes you a redundancy payment or other money like wages, holiday and commission. Your employer must be unable to pay you, for example because they’re insolvent.

  When to apply for Fair Work redundancy pay?

  Employees who were made redundant before 31 December 2014 may have been entitled to more generous redundancy pay under an old award. If you think this may apply to you or for more information, Contact us. An employer can apply to the Fair Work Commission to have the amount of redundancy they have to pay reduced if: