Redundancy Brief.

Written By Ellise Walsh

Mon 4/4/2005 11:47 AM
 

Redundancy can be mentally demeaning and physically draining. Due to the industry becoming more and more fast paced, it means more and more people are loosing their jobs, and as a result, redundancy has unfortunately become a fact of life. Until you experience it, it's hard to imagine how stressful it can actually be. However you are not alone, and should seek the widely available support and advice that is out there.

If you have recently been made redundant or are perhaps facing redundancy, you may feel that you have been cheated; being punished for something that you have had nothing to do with? You may feel like it's all out of your control and that your say in things was very limited. If this applies to you then we can help. Whether its a case of you just wanting to know where you stand or you actually wanting to take action against your employers, we can advise you of your legal rights and the redundancy regulations to help you in making the right choice. Find out what you are entitled to.

What does Redundancy mean?

Redundancy is not the same as becoming unemployed through loosing your job by being fired. There is a key difference. This difference is that being fired requires
discharging an individual for individual reasons, whereas redundancy simply means the job is no longer their to be filled; it has potentially disappeared. It's truer to say that it is your post that has become redundant rather than yourself.

A fair dismissal, however, means that they will usually look for a replacement once you have gone. Being fairly exempted from a job simply means that you were dismissed on the grounds that you underperformed at the job you was hired to do. You could also be fairly dismissed for breaking the rules e.g. by stealing something that belongs to the company. It should not be made personal if it is fair e.g you cannot be dismissed because of your racial background. A fair dismissal also means that you are not entitled to compensation in the same way as you would be if made redundant.

Being made redundant hardly ever means that your employer will be looking to replace you; the job has merely gone and you are no longer needed. It usually happens on the basis that the employer needs to reduce their workforce (it would not be redundancy if they took on someone else straight after; that would make it an acquittal). If you feel that you have not become legally redundant, but instead have been fired, then you may be entitled to compensation from your employer and should seek advice (professional advice is needed as the specifics can mean that you have legally been made redundant, even if you think you've been unfairly dismissed e.g it is still redundancy if an existing member of staff takes your job just as long as there is an over all loss of jobs). Employment tribunals specialize in dealing with these type of cases and seeking advice can bring to light your legal employment rights. Some basic rules that your employer has to follow when
redundancies are genuine are as follows:

*They will have to pay redundancy pay to those who have worked their for at least two years.

*They cannot choose who they make redundant based on the individual only on the position that they fill. They therefore cannot base their choice around an employee's sex, race etc.

*They will usually formally consult the workforce and give sufficient notice of the redundancies. It has been known that some employers will try to steer clear from their legal obligations. In cases such as these they will place the workers in such a bad position that they will decide to resign instead.

The formal consultation on redundancies will outline aspects such as:

The reason behind the redundancies.

How the legal redundancy payments will be worked out.

Will outline how they made their decision as to who shall go (which mustn't be discriminatory).

Will give the details of those affected in accordance to the redundancy. If any of the above was, you feel, hidden from you during your redundancy then you
should contact us for advice and support on how to claim to your legal rights.

Redundancy Pay:

Everyone is entitled to the minimum redundancy pay to which the law has set out. This legal minimum to which you are entitled to depends on :

*How much you are paid.

*How old you are.

*How long you've been continuously working for your employer.

There is a certain way to which your employer should have calculated how much you were entitled to based on these factors. However, always be aware of the small print. Legal documentation often has many acceptions, conditions and exemptions. It is up to your employer to automatically give you your redundancy pay as soon as you leave.

Benefits of Redundancy.

Although being made redundant has mainly drawbacks there are a number of benefits that come with it also. Here are a few:

You will be entitled 'job seekers' allowance.

Help with housing support

Income support