How to write a counter proposal for redundancy principle
In the High Court decided that LIFO as a criterion for redundancy selection can be used in certain circumstances, even though it is age discriminatory.
If the score sheet method is being used as the proposed method of selection the employees will therefore be aware of this from an early stage and many employers will enclose a copy of the completed sheet with the notification of selection.
In a famous influence experiment, people jumped the queue to a photocopier.
Employers must also be able to demonstrate that the employee has had an opportunity to discuss in a meeting the reasons for the redundancy, the pool for selection, the criteria, and any alternative employment as described immediately above as there is still an obligation to consult individually as well as collectively.
Selection criteria Where voluntary redundancy or early retirements have not produced suitable volunteers then as the redundancy progresses employers, in consultation with trade union, or employee representatives, should identify the selection criteria to be used.
Voluntary redundancy request letter
In addition, length of service may give rise to other discrimination claims. The longer the number of years that enhanced redundancy payments have been paid, the more likely it is that a contractual obligation will have arisen. A more formal agreement may have been negotiated and agreed between management and trade union or employee representatives. It is good practice for the discussions and meeting outcomes to be documented. Ask questions, and listen to the answers. Many examples of this sort are found cross-linguistically. So, make sure you give a good reason why voluntary redundancy matters to you. Above all, when you listen you need to find out what is driving your boss in the business. Any proposals to make staff redundant or to cut services must have an.. Listen: If you want to be heard, and taken seriously, listening is the superpower.
Responsibility for its review: this version FGB, subsequently Principal. Why does it matter? This means that the employer must show that the use of LIFO is a proportionate means of achieving a legitimate aim, for example to reward loyalty.
Personal reasons for voluntary redundancy
Does an employee have a right to be accompanied by a colleague or a trade union representative? In later redundancies, employees will have an expectation of a similar level of payment. Redundancy arises when either there has been, or is going to be either: the closure of the business the closure of the workplace a diminution in the need for employees If, and only if, one of these situations has arisen will the redundancy be a genuine one. Employers who do not want to create a precedent should clearly state that payments are not contractual and should not make payments consistently over many years. Acas has published guidance on redundancy handling. However this will not arise in all cases. Selecting roles for redundancy may also pose problems for employers. If there is a pattern of payments, then a one-off departure from a practice that has already become contractual cannot affect legal rights Solectron Scotland Ltd v Roper Redundancy arises in only three, very narrowly defined, circumstances.
In most cases selection for redundancy by applying a LIFO last in, first out criteria will lead to the youngest being selected. However, with the arrival of age discrimination in Octoberrelying on length of service as a sole or main selection criterion runs the risk of being found to be discriminatory on grounds of age and therefore unlawful.
Some organisations will deal with matters informally, others may start to consider the appropriate procedure for the first time only when a redundancy situation arises. Indeed, with the arrival of age discrimination LIFO has been seen as highly risky, as to use this approach may give rise to indirect age discrimination claims because younger employees with the least service are likely to be selected.
Can you make yourself redundant
Its guidance on disciplinary and grievance procedures and dismissals is entirely separate and does not apply to redundancy dismissals. If there is a similar pattern of benefits. An employer who wishes to comply with only the bare minimum necessary may argue that the right to be accompanied does not apply to redundancies at all. Please note that some of our resources are for members only. Why does it matter? If a term is implied in this way, it is just as enforceable as a written contractual term. For employers to try and argue that the redundancy payments are genuinely discretionary, they should vary the method in which enhanced terms are calculated. This will depend on how the employer expresses itself, whether to the whole workforce, to a trade union, or to a large group of employees. Terms may also be implied if they are necessary to give the contract business efficacy, or if the term is so obvious that the parties must have intended it to be incorporated. Twenty or more employees to be made redundant Collective dismissals of 20 or more employees are covered by specific statutory procedures. Log in to view more Log in to view more of this content. Using settlement agreements with strict confidentiality provisions may be useful to keep enhanced redundancy terms confidential, but will not prevent terms becoming implied by custom and practice. The combined effect of the above points is that there are potential legal arguments about when the right to be accompanied applies in a pure redundancy context.
based on 58 review