Dealing with Redundancies
As everyone knows, council spending budgets are in for a bumpy ride over the next few years.
Some councils have already indicated that redundancies may be necessary - voluntary or otherwise - but either way it's an anxious time for many people.
So, what are your rights in a redundancy situation?
First of all, employers are obliged to consult with employees (and trade union reps) - as soon as possible.
Second, employers must follow a fair procedure - they can't just make things up as they go along - or treat some groups more favourably than others.
Third, employers must do everything they reasonably can to avoid redundancies - which should only be contemplated as a last resort.
Fourth, employers are obliged to offer you 'suitable alternative employment' - if you are displaced.
Fifth, employers are not judge and jury over what constitutes an offer of 'suitable alternative employment' - employers must try to address their employees reasonable concerns.
For example, requiring a day shift worker to work permanent nights would almost certainly be deemed to be unreasonable - and would not therefore amount to suitable alternative employment.
Sixth, if an offer of alternative employment is unsuitable - employees are entitled to redundancy pay and might also have a claim for unfair dismissal - if an employer has behaved unreasonably or has failed to follow a fair procedure.
Some councils have already indicated that redundancies may be necessary - voluntary or otherwise - but either way it's an anxious time for many people.
So, what are your rights in a redundancy situation?
First of all, employers are obliged to consult with employees (and trade union reps) - as soon as possible.
Second, employers must follow a fair procedure - they can't just make things up as they go along - or treat some groups more favourably than others.
Third, employers must do everything they reasonably can to avoid redundancies - which should only be contemplated as a last resort.
Fourth, employers are obliged to offer you 'suitable alternative employment' - if you are displaced.
Fifth, employers are not judge and jury over what constitutes an offer of 'suitable alternative employment' - employers must try to address their employees reasonable concerns.
For example, requiring a day shift worker to work permanent nights would almost certainly be deemed to be unreasonable - and would not therefore amount to suitable alternative employment.
Sixth, if an offer of alternative employment is unsuitable - employees are entitled to redundancy pay and might also have a claim for unfair dismissal - if an employer has behaved unreasonably or has failed to follow a fair procedure.
