You’re also entitled to statutory redundancy pay and the law sets a minimum rate. Most employers will allow this. Where do I stand? You can ask to be accompanied by a trade union or employee representative. An employer needs to … select staff for redundancy; give staff notice; work out redundancy pay; support staff and plan for the future; If you’re planning to make 20 or more employees redundant at the same workplace within 90 days (large-scale or 'collective' redundancies), you must work with any recognised trade union or employee representatives to develop your plan. An employer proposing to make 20 or more employees redundant in any 90-day period, must consult with trade union representatives or other elected employee … If there is a trade union in the workplace, these representatives will be from the trade union. Textual Amendments F1 Words in sidenote to s. 188 omitted (26.10.1995) by virtue of S.I. You will have to check the redundancy policy of your employer to see what it says about being accompanied by a trade union representative or colleague to meetings during the redundancy process. If you refuse a suitable alternative post that is offered by your employer before you are made redundant, your employer may be able to refuse to pay you a redundancy payment. "Statutory redundancy pay is calculated using a formula based on complete years of service, a capped amount for a week’s pay and an age factor," she adds, but if … No, the employee does not have to be a member of the trade union, and the trade union does not have to be one that is recognised by the employer. No members where notified of the offer or any counter offer. If your employer prevents you from being represented, it could have to compensate you. For between 20 and 99 employees, it is 30 days. Redundancyu0007u0007 (3)bb is one situation where the role of the trade union representative is certainly valued by the under threat workforce. A trade union representative can address a disciplinary hearing, put and sum up the your case, respond to any views expressed at the meeting and confer with you during the meeting . If a union is recognised where you work, they may have been able to negotiate redundancy rights and pay that exceed the statutory minimum. Those being made redundant have legal rights, including redundancy pay for those with more than two years' service. Take a look at our wide range of resources. Its prime focus is representatives of independent trade unions in workplaces where the union is recognised for collective bargaining purposes. A significant part of this project is to work with Trade Union representatives to provide comprehensive information directly to Shop Stewards and Trade Union Officials. Stage four: Establish a proposal for restructure and its supporting rationale. Singling out trade union members for redundancy selection, however, amounts to unlawful discrimination. Where proposed redundancies involve 100 or more employees, consultation must last at least 45 days. Representatives Under the collective rules, consultation must take place between the employer and a representative. Redundancy can count as unfair dismissal if your employer has unfairly picked you out for redundancy, not consulted you properly, or failed to offer you suitable alternative employment. I've been told I will be made redundant. I want to know how legitimate is his ability to accept an offer which is worse for me without any consultation or communication. Some reasons can never be used by an employer to justify selecting someone for redundancy. If an employer and trade union find they are unable to come to a voluntary recognition agreement, a trade Redundancy affects not only individuals, but their ... e.g. It would constitute a form of unfair dismissal and, because of it, legal action could be taken against the employer at an employment tribunal. Collective consultation must be with trade union representatives. These legal rights are set out in Section 10 of the Employment Relations Act 1999 and the ACAS Code of Practice. These include notifying the government that the redundancy is taking place and consulting with representatives of the workforce. A collective redundancy situation is where you plan to make 20 or more employees redundant at one establishment within a 90 day period. The counter offer also has terms and restrictions attached which means there's a strong chance we won't even get the full amount. According to redundancy law, if 20 or more employees are going to be made redundant, the consultation process is more structured and must involve trade union or employee representatives. But they do still exist on a large scale in certain sectors. For more information on redundancies in general, see redundancy: the options. The representative can either be a trade union representative or a representative elected by the employees affected. Basically, we were apparently offered a payment plus a 12.5% retention bonus, and this was a good deal and suited most members. However, those on lower salaries due to their skills/responsibilities/job profile etc... would not have benefitted as much as higher earners, and said union rep is in the former category, thus accepting a deal which is better for the minority of staff which he is in. Your employer considers your objections and, if they decide to go ahead with redundancy, they must confirm this to you in writing. Examples include being a member of a trade union, being pregnant, or acting as a safety representative, but there are many other examples. It is unlawful to select employees for redundancy because they are part-time, on a fixed-term contract or because they are a trade union member or representative. What payment am I entitled to? The Code also provides advice concerning union learning representatives. (8) This section does not confer any rights on a trade union [F21, a representative] or an employee except as provided by sections 189 to 192 below. You are a member of a trade union; ... employer whether they actually select those volunteers for redundancy. If there is no recognised trade union, it must be … © Trades Union Congress 2021, unless otherwise stated. Selecting you or your NEU colleagues for redundancy on grounds that you are NEU members, or because you have participated in union activities, would be unfair dismissal. When the redundancy plan is negotiated with the trade unions' representatives, the negotiation takes place in parallel to the consultation of the … This guide is for union reps - understanding coronavirus and workplace issues, employer negotiations and how best protect the workforce. If you're an employee with at least two years' service in your job, you're entitled to a statutory redundancy payment. You should be consulted in advance in order to discuss alternative options, be given reasons for the redundancy and be given a chance to try out any alternative offer of work for four weeks. The TUC has a history of developing analysis and research to inform economic and employment-related issues. I am in the Unite Union, and our management have started a 45 day consultation process to negotiate our redundancy packages. Useful resources. Please read our, How to Tell Employees You Are Making Them Redundant, How to Tell People You've Been Made Redundant, When a Workforce Fights Against Redundancy, What to do if your Employer Becomes Insolvent. It can be a fair reason for letting someone go, but the employer must meet particular legal requirements. Redundancy can count as unfair dismissal if your employer has unfairly picked you out for redundancy, not consulted you properly, or failed to offer you suitable alternative employment. I feel our union have been extremely weak in the negotiations and have actually accepted an offer which is worse for the majority of the staff in the union. To access the admin area, you will need to setup two-factor authentication (TFA). Redundancy pay can be multiplied beyond a payment based on actual salaries, following consultation with trade unions. 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