What constitutes grounds for redundancy?
Consultation obligations also arise under workplace health and safety or more employees redundant, section requires that the employer. Letter of termination of employment (redundancy) template. For further information on this topic, see the Best Practice Guide: Consultation & cooperation in the workplace. becomes redundant and you can end the employment relationship. for example, closing a certain store, economic downturn, introduction of new. Redundancy usually happens when there is no longer a need for someone to do your work – for example, if the business is closing down or.
Smaller businesses do not require a similar justification for dismissals subject to the dismissal not being discriminatory; a dismissal is possible without any specific reason and only a minimum of social consideration is required.
A dismissal based on redundancy is possible only if the position of the affected employee no longer exists for operational reasons e. German case law is very detailed in this regard and courts traditionally take a rather supportive stance towards employees. A management decision regarding the envisaged measure must be taken, which should always be documented to provide proof.
Further, any applicable special protection against dismissal i.
Relying on Contractual Mobility Clauses to Avoid Redundancies
In particular, the works council, if there is one, needs to be informed prior to any dismissal and be allowed one week to revert with any comments or objections. In business units with more than 20 employees, the works council has additional information and consultation rights with regard to major changes in the conduct of the business unit.
When a change in the conduct of the business unit occurs, the employer is required to inform the works council of the change well in advance and to consult with the works council about the proposed action to be taken. The aim of such consultation is to reach agreement on two issues: In cases of mass redundancy which is determined considering the relevant headcount and the employees to be laid off within a specific period of time the employer must inform the local labour agency regarding the planned dismissals in advance and — again — consult with the works council.
If your employer has recently taken on other people, or intends to do so in the near future; If you have been criticised about your performance and subsequently face a redundancy situation, this may indicate that your dismissal is more about your poor performance than a genuine redundancy; If you are the only person being made redundant, or one of only a few in a large company; If you are pregnant, a woman, from an ethnic minority, disabled, gay or of a particular religion, this might indicate you have been dismissed because of discrimination rather than because of a general need to reduce the workforce; If you have had a poor relationship with your line manager, this might indicate you have been dismissed for a reason other than a genuine redundancy one.
What is the redundancy process?
Consultation If a redundancy situation exists, your employer must consult all employees who are at risk of redundancy as soon as possible, informing them of the situation and discussing with them any alternatives and the implementation of the redundancy situation.
Failure to consult may lead to a finding of unfair dismissal by a Tribunal.
How easy is it for your employers to make you redundant? | Jobsite Worklife
Where an employer is making 20 or more employees at one workplace redundant, there are minimum periods of consultation required, and sanctions can result if an employer does not follow them. Selection If there are other employees carrying out the same role as you, then your employer needs to establish a selection pool, with a number of criteria upon which you will be scored.
Such criteria will usually include length of service, skills, sickness and performance record. There does need to be an objective and transparent process here. A perverse selection decision by your employer could be open to challenge.
Suitable alternative employment If your employer intends to make you redundant, there is a legal duty to consider whether there are other jobs available which you would be capable of doing.
- Relying on Contractual Mobility Clauses to Avoid Redundancies
- What constitutes grounds for redundancy?
If such suitable employment is available, it should be offered to you. If it is not, this can amount to unfair dismissal.