|
Consulting Each Employee.
The employer must consult each effected
employee before dismissal notices are
handed out, so that there is a chance of
real consultation and time for the
employee to respond. The selected group
may change due to the consultation
process.
The consultation must involve the
following:
Why their type of job is under threat.
Explain why according to the selection
criteria this employee may be chosen for
redundancy. (They have not been selected
yet as the dismissal notices have yet to
be sent out).
The employee should be given a couple of
days to respond after being told.
The employer should consider any views
or opinions expressed by the employee.
Both the employer and employee should
consider any alternative work that the
employee could do or any ways in which
the employee could stay in their current
job.
Once the selection has been finally
decided the employer should have a
second interview with each of the
effected employees. This is when the
employer can actually hand out the
dismissal notices.
Other Work.
The employer can offer the employee
other work instead of making them
redundant. The employee has a choice
whether to accept it or not. Though if
the employee unreasonably refuses the
offer the employer may avoid paying them
redundancy pay.
The employer can offer the employee a
job identical to their current job or a
job with similar skills.
The job must have similar pay,
conditions and skill requirements.
Any refusal is looked at from each
individual employee’s view. Some
employees may accept the offer others
for their own personal reasons may not.
For example, the new job may require
more travelling for some employees than
their current job, but less for others.
The alternative job offer must be made
before the current job ends and the
start date must be no more than 4 weeks
after the old job ended.
The first 4 weeks of the new job will be
a trial period. During this time or when
the 4 weeks have finished the employee
can still leave the job and claim
dismissal and redundancy pay. The
employer and employee can agree a longer
trial period for the new job if they
want the 4 weeks is the minimum period.
 |
The Interactive
Law Group