While making anyone redundant, it is the prime responsibility of the employer to treat him in a practical way. The employer is bound to give valid reasons and follow the right procedure while making someone redundant. Redundancy is defined as a form of temporary or permanent dismissal. The reason for dismissal can be that the company requires to decrease the number staff members or a variety of other reasons. Your job might have become unnecessary because of new technology, or the business might have witnessed financial crisis and needs to be shut down.
In today’s world technology is replacing human resources in various fields. This is one of the major reasons for redundancy. Companies cannot afford to include those departments which have become out dated or which can be replaced by machines. This leads to companies making a tough decision to reduce the number of workers to become more efficient.
If you are selected to be made redundant, then you should ask for the reasons. However, if the employer is not able to give you a valid reason, you can claim at the employment tribunal. This can either get you your job back or give you a protective award.
Redundancy can be of two types; if 20 or less employees are made redundant, it is called as an individual consultation and if 20 employees or more are made redundant, within 90 days of each other, then it is said to be a collective redundancy. Business closure is usually the main reason but it can also occur if the business has changed to a new location. The employer is under compulsion to exercise a reasonable and fair method of choosing who is to be made redundant. If the employer does not give convincing reasons, it means that the selection was not fair and the redundancy will be unjust and arbitrary.
Before making anyone redundant it is essential that your employer discusses the reasons of redundancy with you. While discussing the reasons of redundancy, the other options should also be considered. If your employer does not have a valid reason to make you redundant then your redundancy is totally unjust. Even if the employer is making a collective redundancy, he should discuss the reasons with all the members who are made redundant. And if the employer is unreasonable then the employee has the right to make a claim at the employment court, where he can claim for a defensive award which includes up to 90 days pay.
Every employer is bound to give appropriate reasons for making any of his staff members redundant. He cannot give a prejudiced decision but must provide proper evidences to support his decision. In some cases it might happen that someone else might take your job after their job vanishes which will result in you being made redundant. This method is called bumping. This process can create troubles for the employer since he will have to prove that he is not being unfair. The entire process of redundancy is complicated to some extent and hence one has to take extra care while dealing with this issue. You can take advice from a lawyer who deals in employment redundancy cases.
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