.tblCss th a, .tblCss th a:visited, .tblCss th a:active, .tblCss th a:focus{color:#ffffff !important;} SRP and the basic award for unfair dismissal are the same and are usually offset against each other. Directors and insolvency – where do you stand? margin: 0 0.5rem 0 0; /*-->*/, Contains issues that may form the basis of a jurisdictional issue. #block-service-links-service-links > div.content > h3, ol > li{line-height:22px;padding-bottom:0.4rem;} #block-block-366{display:none!important;} Sometimes, even with fewer than two years of employment, you can have a claim. With me so far? Employees should also be allowed time off to seek other employment. div.content > h3, /*-->*/. Can I divorce in the UK if I was married abroad? ... whether or not you have a claim for unfair dismissal which has merit will depend upon the circumstances. Google reviews In other words a need for fewer employees to carry out work of a particular kind. dt{margin-bottom:10px;} .link-textfield,.phone-textfield{display:none !important;} Is there a procedure for redundancy I have to follow as an employer? font-size: 1.2rem; cursor: pointer; /*--> div.content > h3, padding: 1em 1.57143em; } background-size: 100% auto; If a redundancy was not genuine, it is possible to make an unfair dismissal application to the Fair Work Commission (the Commission). text-shadow: 0 0 1px rgba(255, 255, 255, 0.75); @media only screen and (min-width: 375px) and (max-width: 540px) { … .benchbook-banner .banner-text{ Invite volunteers (i.e. However, if the requirements of s.389 of the Fair Work Act have not been met, the Commission must determine if the dismissal was unfair. They can claim for unfair dismissal on the grounds that the redundancy is not necessary; the employer has not followed a fair process; or they have not offered another role when one was … color: #ffffff; padding:5px 0 5px 5px; #block-bean-slideshow-1-label > div.content > h3, Adopt a fair basis on which to select for redundancy. You should check whether your redundancy is genuine and fair if you’re being made redundant while on maternity leave. As an employee you can claim for unfair dismissal on the basis that the dismissal was not procedurally fair even though the reas… If you are an employer you are obligated to consider employee suggestions. height: 110px; Representation by lawyers and paid agents, Differences between single and multi-enterprise agreements. Voluntary redundancy and unfair dismissal. This issue … margin-top: 0!important; Employers should always speak to you directly about why you have been selected and look at any alternatives to … .ebluebtn:hover,.ebluebtn:focus,.ebluebtn:active{color:#ffffff !important;} If the act of taking voluntary redundacy was a … } #block-view-mode-block-vmb-page-toc > div.content > h3{display:none;} Redundancy procedure for up to 19 employees: Employees should at the very least receive a letter about the proposed redundancy and be given the option of attending a consultation meeting. letter-spacing: 1px; display: block; Employers must look into alternative work for employees. If a redundancy dismissal is directly, or indirectly, because of a protected characteristic it will be unlawful discrimination under the Equality Act. .benchbook-banner .banner-text{ those willing to take voluntary redundancies) and consider alternatives. .field-type-link-field a[href$=".xlsx"]::before{ The difference is important, because unfair dismissals could potentially allow certain employees to claim an award in an Employment Tribunal. An overview of legal procedure & case law,