How do the courts define redundancy?
In a collective redundancy situation, what should the workforce be consulted about?
What is the correct procedure for making redundancies?
Is an employer required to consult with employees prior to giving notice of redundancies?
When should the employer begin collective redundancy consultation with employees?
For collective consultation purposes, when calculating if 20 or more employees will be dismissed, should voluntary redundancies be included?
Where an employer is carrying out a redundancy exercise involving fewer than 20 employees but a need to make further redundancies subsequently arises, taking the total number of employees to 20 or more, is it obliged to consult collectively?
What does consultation during a redundancy process mean?
Who should be consulted about employee redundancies?
If employee representatives are elected to consult on redundancies, how should those elections be conducted?
What is the time frame for electing employee representatives for collective redundancy consultation purposes?
How many employee representatives are necessary for collective redundancy consultation purposes?
What should the employer do where an employee representative for collective redundancy consultation purposes ceases to act as such?
Can an employer place restrictions on who can stand as a candidate in elections for collective redundancy consultation purposes?
What happens if employees invited to elect representatives for collective redundancy purposes fail to do so?
Can trade union representatives be the appropriate representatives for collective redundancy consultation purposes where the affected employees are not union members?
What information must the employer disclose prior to redundancy consultations?
What should redundancy consultation be about?
What should the employer and employee discuss at an individual redundancy consultation meeting?
Collective redundancy consultation should include discussions on how redundancies can be avoided. This can include identifying alternative working patterns, including short-time working and job-sharing, retraining, and pay freezes or cuts. Other topics for consideration include the pool from which employees will be selected for redundancy, the criteria for selecting employees, the timeline for effecting the redundancies, redundancy pay, outplacement provisions, and whether employees will be required to work during their notice period or be placed on garden leave.
The relevant definition of redundancy for the purpose of collective consultation is a "dismissal for a reason not related to the individual concerned". This includes the situation where an employer proposes to dismiss and re-engage employees who do not agree to a proposed variation of their contract. In this situation, consultation should cover the nature and timing of the proposed changes to terms and conditions, the reasons for the changes and the likely outcome if they are not made. The employer should consult on ways of avoiding or reducing any potential dismissals. It should attempt to reach agreement with employee representatives on the proposed changes, to avoid the need for dismissals.
Should an employer have a redundancy information and consultation policy?
XpertHR provides answers to more than 1,000 FAQs. But that's not all...
Request a demo today to find out how XpertHR can benefit your organisation