Can length of service be used in redundancy?
It is possible to use a length of service criterion for selecting people for redundancy but only in certain circumstances: A criterion like this needs to be used cautiously because it could indirectly discriminate.
What is the minimum period of notice required for redundancy?
How long your notice period should be
| Time with your employer | Minimum notice |
|---|---|
| 1 month to 2 years | 1 week |
| 2 years or more | 1 week for each full year, up to a maximum of 12 weeks For example, if you’ve worked for your employer for 5 years and 3 months you get 5 weeks’ notice |
Does length of service include notice period?
Where an employee is dismissed with a payment in lieu of notice, to calculate their length of service for the purposes of statutory redundancy pay, the employer should add on the minimum statutory notice period to the employee’s service as at the date on which the employment ends.
Is there a maximum redundancy notice period?
It’s worth noting, while there’s no maximum redundancy notice period, you can include wording in your employee’s contract of employment offering them a longer period than the statutory minimum period.
What is a fair selection process for redundancy?
The following criteria can be used when selecting employees for redundancy: Skills and experience; Attendance and disciplinary records; Standard of work performance; and.
What are valid reasons for redundancy?
Situations that can cause redundancy?
- The need for the worker has diminished or ceased.
- New systems in the workplace.
- The job no longer exists because other workers are doing the work you carried out.
- The workplace has closed or is closing down.
- The business moves.
- The business is transferred to another employer.
Does a 45 day consultation period work?
Length of consultation 20 to 99 redundancies – the consultation must start at least 30 days before any dismissals take effect. 100 or more redundancies – the consultation must start at least 45 days before any dismissals take effect.
Does statutory redundancy pay include notice period?
If your employer has selected you for redundancy you must be given a notice period before your employment ends. The statutory redundancy notice periods are: at least one week’s notice if you have been employed between one month and two years. one week’s notice for each year if employed between two and 12 years.
Do you accrue holiday during redundancy notice period?
Yes, in respect of statutory entitlement to 5.6 weeks’ paid annual leave under the Working Time Regulations 1998 (SI 1998/1833). A period during which an employee is working out their notice is a normal period of employment for this purpose. …
How long after redundancy can you go back to the same company?
Therefore, generally, you should not recruit into a role that you have made redundant for a minimum of 6 months after the termination date of the employee.
How does a company decide who gets made redundant?
What is the statutory notice period for redundancy?
The statutory redundancy notice periods are: at least one week’s notice if employed between one month and 2 years. one week’s notice for each year if employed between 2 and 12 years.
Do you get pay in lieu of redundancy?
Check your contract. Your employer may give you more than the statutory minimum, but they cannot give you less. As well as statutory redundancy pay, your employer should either: pay you in lieu of notice depending on your circumstances Your notice pay is based on the average you earned per week over the 12 weeks before your notice period starts.
How is redundancy pay calculated under Employment Rights Act 1996?
The Employment Rights Act 1996 sets out the rules for calculating a statutory redundancy payment. For each complete year of service with the employer, the employee is entitled to between half a week’s pay and one and a half weeks’ pay, depending on his or her age.
When do you calculate the length of service of an employee?
Where an employee is dismissed without the statutory minimum notice, the relevant date for calculating length of service is the date on which the statutory minimum notice would have expired had it been given.