What counts as a genuine redundancy?

What counts as a genuine redundancy?

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.

Can I be made redundant if there is no work?

Your employer can make you redundant if they genuinely don’t need you to do your job and your skills are no longer needed. So, if you find out that someone else takes your job just after you’re made redundant, you could have a case for unfair redundancy.

What happens if you don’t accept 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.

Can I be rehired after redundancy?

You can rehire after redundancy, but you must show that there has been a significant change in the circumstances of your company. These changes must show that you now need a new employee and that the company genuinely did not require the role during redundancies.

Can I be offered a lower paid job instead of redundancy?

Your employer can offer you an alternative job in any way, but unless they follow the rules you can refuse it and get your redundancy pay instead. Your employer has to: offer you the new job in writing or orally. make the offer before your current job ends.

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.

Is a voluntary redundancy a genuine redundancy?

Whereas a Non genuine redundancy is where your job still exists but one of the other conditions may apply. With the ‘leaves voluntarily’ it is up to the employee if they want to take the redundancy pay out, they are not forced to leave. A dismissal is not a redundancy.

When does an employee get a genuine redundancy?

A genuine redundancy is when: the person’s job doesn’t need to be done by anyone the employer followed any consultation requirements in the award, enterprise agreement or other registered agreement. When an employee’s dismissal is a genuine redundancy the employee isn’t able to make an unfair dismissal claim.

Can a redundancy be grounds for unfair dismissal?

If an employer believes that an employee’s dismissal was a genuine redundancy, and the employee has made an application for an unfair dismissal remedy, the employer may make a jurisdictional objection to that application.

Can a redundant employee refuse a job offer?

[9] If an employer has other positions available, even at a lower level, that the redundant employee has the skills to perform, the employer should not presume that the employee will refuse the position. [10]

Can a person be made redundant because of new technology?

You can also be made redundant if new technology means your employer needs fewer people to do your job. But you shouldn’t be made redundant if new technology means the same job is done differently.