Page 1 REDUNDANCY – THE TRICKY BITS Surinder Dhillon
Page 2 Employer decides to reduce the number of its employees, either within the business as a whole, or within a particular site, business unit, function or job role. Definition
Page 3 Redundancy payment Redundancy is a potentially fair reason for dismissal – Employers defence The importance of defining redundancy
Page 4 Was the employee dismissed? If so, Had the requirements of the business for employees to carry out work of a particular kind ceased or diminished (or did one of the other economic states of affairs in section 139(1) exist)? If so, Was the dismissal of the employee caused wholly or mainly by the state of affairs identified at stage 2 above? Only if the answer at all three stages is “yes” will there be a redundancy dismissal Safeway Stores v Burrell
Page 5 Ingredients of a fair redundancy dismissal Notice Consultation- collective and/or individual Apply fair selection criteria Look for alternative employment
Page 6 During a redundancy consultation can an employer consider external candidates for a vacant position in addition to employees at risk of redundancy Questions?
Page 7 Redundancy and reasonable adjustments: should an employer offer a disabled employee alternative employment without a competitive interview? Questions?
Page 8 What is the right to suitable alternative employment under Regulation 10 of the MPL Regulations? Questions?
Page 9 School is part of a MAC. Should the Trust look at suitable alternatives in all the MAC schools? Questions?
Page 10 Can an employer make redundancies to cover the anticipated increased costs of compliance with the introduction of the National Living Wage? Questions?
Page 11 Can a volunteer for redundancy change their mind? Questions?
Page 12 Should the employer include agency workers in a redundancy selection exercise? Questions?
Page 13 UNIONS refuse to engage/delay engagement in consultation Questions?