Is consultation a legal requirement redundancy?
There is no legislative requirement to consult about the redundancy before a decision is made to make an employee redundant. The Fair Work Ombudsman can assist you with enquiries about the application of modern awards and enterprise agreements.
Can you make just one person redundant?
It can consist of only one employee particularly if the work they do is unique and diminishing. You must be able to explain the reason for your pool selection. 4. Adopt a fair selection procedure – if more than one employee to be made redundant.
Can I be made redundant without consultation?
You must consult with your employees before finalising any redundancies. If you do not hold genuine and meaningful consultation before making redundancies, employees could claim to an employment tribunal for unfair dismissal.
What is a reasonable consultation period for redundancy?
There’s no time limit for how long the period of consultation should be, but the minimum is: 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.
What if an employee refuses to attend a consultation meeting?
It is possible that an employee who has refused to attend a face to face consultation meeting because of health and safety concerns and later been dismissed or subject to a change of terms could attempt to bring such a claim. Employees might also bring whistleblowing claims based on the same circumstances.
What is the criteria for making someone redundant?
The following criteria can be used when selecting employees for redundancy: Skills and experience; Attendance and disciplinary records; Standard of work performance; and.
On what grounds can you make someone redundant?
In order for a redundancy to be genuine, the job must no longer be needed. This is usually because of a downturn in business, closure of the workplace, relocation, others doing the job instead or the implementation of new processes.
What is the criteria for redundancy selection?
Examples of selection criteria could include: standard of work or performance. skills, qualifications or experience. attendance record, which must be accurate and not include absences relating to disability, pregnancy or maternity.
What is meaningful consultation in redundancy?
A meaningful redundancy consultation process means more than simply informing your employee(s) of a decision already made. Your employees are entitled to know why they have been selected for redundancy and to see their selection scores.
What questions should I ask at redundancy consultation?
Redundancy Procedure
- Is this a genuine redundancy situation?
- How has the pool of “at risk” employees been identified?
- Is the process of selection fair?
- Have you been fairly selected for redundancy?
- Has your employer considered alternatives to redundancy?
Can you go off sick during redundancy?
The short answer to the question is yes, you can make someone redundant when they are off sick – but as with any dismissal, you are taking a risk, and how big that risk is will depend on the circumstances.