Employment Law. Equality and Diversity. Flexible Working. Mental Health. Recruiting Talent. Remote Working. Login Free Trial. Free trial. Back HR Software. Back HR Software Overview. Back Partners Partner Programme Overview. Back About Us Our Story. Back Resources Resources Hub. Back Topics All Articles. How long is the redundancy consultation period? Here's what's in store: What is a redundancy consultation period? How long does it last? Providing redundancy notifications Consultations: what to do What evidence do you need to provide?
What is a redundancy-consultation period? Even though there currently aren't any set rules for teams below 20, it's wise to hold consultations and understand your people. Speak to your people. Communicating during the redundancy-consultation period is important because: 1.
Everyone deserves to know where they stand. If things do turn sour, you could risk appearing unfair in front of an employment tribunal. For example, if a claimant can prove you failed to consult them during a period before their redundancy, you're then at risk for hefty tribunal fine. It's typical best-practise to hold a collective consultation followed by individual meetings with affected staff. How long is a redundancy consultation period?
For redundancies If a company needs to make 20 to 99 employees redundant, the employer must allow for a minimum day consultation period. Providing notice of redundancy: what you need to do Once a consultation has taken place, you'll need to provide notice. Here, you'll need to clearly state the agreed leaving date and provide notice of redundancy once the consultation period is complete.
The periods we outlined above are the statutory minimum an employer must give to be compliant by law, so you can increase the notice period if you want to. This can be offered as pay in lieu of notice if this is included in their terms of employment.
In any redundancy consultation, you'll need to: Inform staff why they are being made redundant and look at any alternatives to redundancy such as restructuring, retraining or offering revised conditions if that is appropriate.
Allow employees to express their views and feel heard. Uncertainty and fear are normal with any type of change and it's important to show sensitivity towards others feelings and circumstances. Hide Comment 1. You might also like. Why is human resources HR important? Creating fair holiday HR policies for your employees Business Process.
Back to the blog listing. Sign up to get the latest HR and people management insights straight to your inbox. To be covered by an award, your employer must plan to dismiss or have already dismissed you as redundant and failed to comply with the consultation requirements under the Employment Rights Northern Ireland Order The protected period will begin with the date on which the first dismissal takes effect or the date of the tribunal award - whichever is earlier.
It is however subject to an upper limit of 90 days in all cases. Employees who are still employed will be paid under a protective award only when they would be entitled to be paid under their contract of employment or under their statutory rights during a period of notice.
For this purpose the whole remaining part of their employment is treated as if it were a statutory period of notice. This means that if you go on strike; are absent from work without good reason; are granted unpaid leave at your own request; or have time off from work under certain provisions of the Employment Rights Northern Ireland Order , you will not be entitled to payment.
If you are absent under contractual holiday arrangements, or because you're ill, because of pregnancy or childbirth, or because of adoption, parental or paternity leave, you will be entitled to payment. You will also be entitled to payment during any period where the employer has no work available for you. If you are fairly dismissed for a reason other than redundancy, or give up your job during the protected period without good reason, you will lose your right to payment for the rest of the protected period.
If you have doubts about the way your employer may have calculated your statutory redundancy pay you can call the Redundancy Payments Service. Careers webchat is available from 9.
Outside of these hours, or if all advisers are busy, you can ask questions online. Chat with a careers adviser in Northern Ireland.
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Help with meeting goals, tax-friendly saving, saving for children. If not, you could have a claim for unfair dismissal, or claim compensation for lack of consultation. For instant money guidance based on your circumstances, get started with our Money Navigator tool.
Redundancy happens when your job disappears. It is not the same thing as being dismissed from your job for other reasons. Your employer must use a fair and objective way of selecting job roles to make redundant, and tell you what it is. This is often in return for an extra payment.
Employers always have to consult with employees before dismissing them on the grounds of redundancy. Your employer must carry out collective consultation. This means consulting with your union rep if there is one or, if no union rep, with your elected employee representative s. If the employees decide not to elect a representative, consultation will be with individuals only. 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.
The amount of time you can take off has to be reasonable. For example, if you work a five-day week you can take two days off in total to attend interviews, and your employer will have to pay you for this time.
Have you been offered a job and your new employer wants you to start before your redundancy notice ends? Then speak to your employer and see if you can leave early without losing your redundancy pay. Acas offer free, confidential and impartial advice on all employment rights issues in England, Scotland and Wales.
Call the Acas Helpline on or visit the Acas website. The Labour Relations Agency provides an impartial and confidential employment relations service in Northern Ireland.
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