Comments on: Redundancy - Unfair Procedure - No Change to Selection http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/ Exclusively Employment Law Tue, 14 Oct 2008 13:05:31 +0000 http://wordpress.org/?v=2.6.1 By: Liam http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-2118 Liam Tue, 23 Sep 2008 12:13:34 +0000 http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-2118 We would need to know a bit more detail about what has happened and what is happening in order to assist you. Certainly if selection for training has been made on an unlawfully discriminatory basis such as sex, age or race, this could make a dismissal unfair and give rise to a discrimination complaint. If you would like to discuss further, please call us on 0870 350 5805. We would need to know a bit more detail about what has happened and what is happening in order to assist you. Certainly if selection for training has been made on an unlawfully discriminatory basis such as sex, age or race, this could make a dismissal unfair and give rise to a discrimination complaint.

If you would like to discuss further, please call us on 0870 350 5805.

]]> By: Graham Fleming http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-2114 Graham Fleming Sun, 21 Sep 2008 18:18:31 +0000 http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-2114 Dear Sir Madam My Company announced 130 redunduneces in nov.2007 we have now completed the process of vollenteers, for which they are approx 50 short. we have now been told who is at risk, during the process we belive that managament have selectetd people for extra traing to increase there scoring, should this trianing have been offered to all employes. With Thanks G Fleming 07738829117 Dear Sir Madam

My Company announced 130 redunduneces in nov.2007 we have now completed the process of vollenteers, for which they are approx 50 short. we have now been told who is at risk, during the process we belive that managament have selectetd people for extra traing to increase there scoring, should this trianing have been offered to all employes.

With Thanks

G Fleming
07738829117

]]> By: Liam http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-2100 Liam Thu, 18 Sep 2008 08:03:16 +0000 http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-2100 Employer's conducting a redundnacy exercise are under an obligation to behave fairly and consult with a view to avoiding redundancies. As part of the consultation process, employees are entitled to suggest that the employer calls for voluntary redundancies. Whether the employer does so or not is a factor that a Tribunal may consider in examining the fairness of any dismissal, but a failure to call for redundancies does not necessarily make any dismissals unfair. If you require specific advice, please give me a call on 0870 350 5805. Liam Pike Solicitor Employer’s conducting a redundnacy exercise are under an obligation to behave fairly and consult with a view to avoiding redundancies. As part of the consultation process, employees are entitled to suggest that the employer calls for voluntary redundancies. Whether the employer does so or not is a factor that a Tribunal may consider in examining the fairness of any dismissal, but a failure to call for redundancies does not necessarily make any dismissals unfair.

If you require specific advice, please give me a call on 0870 350 5805.

Liam Pike
Solicitor

]]> By: Liam http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-2099 Liam Thu, 18 Sep 2008 07:51:55 +0000 http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-2099 A redundancy situation arrises when an employer's requirements for employees doing work of a particular kind cease or diminish. If the new role is a completely different role to those at risk of redundancy then it is not a problem to recruit for that role before, during, or after redundancies elsewhere in the business. If the new role is similar to the roles at risk of redundancy it would be prudent to allow those at risk of redundancy to apply for the new role if they wish (although there is no requirement, in most cases, to offer at risk employees the role). It is not uncommon for employers to propose a restructure, place existing roles at risk of redundancy and show at risk employees a list of proposed jobs in the new structure for which they can apply along with external applicants. If you require specific advice, please give me a call on 0870 350 5805. Liam Pike Solicitor A redundancy situation arrises when an employer’s requirements for employees doing work of a particular kind cease or diminish.

If the new role is a completely different role to those at risk of redundancy then it is not a problem to recruit for that role before, during, or after redundancies elsewhere in the business.

If the new role is similar to the roles at risk of redundancy it would be prudent to allow those at risk of redundancy to apply for the new role if they wish (although there is no requirement, in most cases, to offer at risk employees the role). It is not uncommon for employers to propose a restructure, place existing roles at risk of redundancy and show at risk employees a list of proposed jobs in the new structure for which they can apply along with external applicants.

If you require specific advice, please give me a call on 0870 350 5805.

Liam Pike
Solicitor

]]> By: Martin http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-2098 Martin Wed, 17 Sep 2008 18:01:35 +0000 http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-2098 While still in the consultation phase, is a company allowed to advertise and interview for a new position that will not have been created until the redundancies have been made? While still in the consultation phase, is a company allowed to advertise and interview for a new position that will not have been created until the redundancies have been made?

]]> By: Martin http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-2097 Martin Wed, 17 Sep 2008 17:59:48 +0000 http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-2097 My employer is making 20+ people redundant. Do they have to offer voluntary redundancy? My employer is making 20+ people redundant. Do they have to offer voluntary redundancy?

]]> By: Liam http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-1089 Liam Fri, 15 Feb 2008 08:47:43 +0000 http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-1089 Employers do, in appropriate circumstances, have the right to reject applications for voluntary redundancy. If you think you are being treated unfairly, please give me a call on 0870 350 5805. Liam Pike Solicitor Employers do, in appropriate circumstances, have the right to reject applications for voluntary redundancy. If you think you are being treated unfairly, please give me a call on 0870 350 5805.

Liam Pike
Solicitor

]]> By: Peter Rae http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-608 Peter Rae Wed, 23 Jan 2008 11:00:48 +0000 http://www.pjhlaw.co.uk/blog/redundancy-unfair-procedure-no-change-to-selection/#comment-608 My employer is planning to make 11 redundancies. Volunteers are requested in the first instance. If over subscribed they plan to choose the 11 "least expensive" to go. They have also stated that certain people within the business will not be pemitted to aplly for voluntary redundancy thus the likleyhood of compulsary will be increased. Is this legal? My employer is planning to make 11 redundancies. Volunteers are requested in the first instance. If over subscribed they plan to choose the 11 “least expensive” to go. They have also stated that certain people within the business will not be pemitted to aplly for voluntary redundancy thus the likleyhood of compulsary will be increased. Is this legal?

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