No, not quite! Case law has established that once notice has properly been given by either an employer or an employee, it cannot be withdrawn unless both parties agree to it. If the employee refuses to accept the withdrawal of the notice, then the redundancy will go ahead as planned.
What is potential redundancy?
A redundancy situation arises when an employer proposes reducing the number of employees undertaking work of a particular kind, or at a particular workplace. Identifying a potential redundancy situation doesn’t mean that redundancies are inevitable and an employer can offer suitable alternative employment.
Can a company force you to take redundancy?
Your employer can declare your job redundant if the requirement for the work you are doing has either ceased or is diminishing. Redundancy is one of the statutory fair reasons for dismissal, but the employer must still ensure that there is a fair procedure leading to dismissal on these grounds.
Can someone be made redundant on furlough?
The guidance has previously indicated that employees may be made redundant while on furlough, but retain their usual redundancy rights and protection from dismissal. The government guidance confirms that if employers must make redundancies, they should follow the normal rules including notice periods and consultation.
Once notice of redundancy has been issued to an employee, it is legally binding and cannot be unilaterally withdrawn by the employer, even if the employee is still working out their notice period.
Can a company make you redundant and then replace them?
Although you cannot make someone redundant and then replace them with someone fulfilling the exact same role, you may be able to replace them in a similar position. The contract must look different and there must be discernible and reasonable changes that require the redundancy and refilling of the position.
How to get the best redundancy package possible?
A redundancy package gives workers below the age of 22 the right to half a week’s pay for each year of employment, a full week’s pay for each year for those aged between 22 and 40 and a week and a half’s pay for each year of work over the age of 41. Always negotiate. “Most bosses hate to make people redundant,” Jonathan says.
How old do you have to be to get a redundancy package?
This doesn’t apply to contractors, casual workers, some civil servants or police officers. A redundancy package gives workers below the age of 22 the right to half a week’s pay for each year of employment, a full week’s pay for each year for those aged between 22 and 40 and a week and a half’s pay for each year of work over the age of 41.
Why do employers have to pay for voluntary redundancy?
Some employers pay more than the statutory minimum, either because they have a more generous contractual scheme or offer enhanced terms in return for voluntary redundancy in order to avoid the compulsory redundancy dismissal process. This is the legal minimum that your employer has to pay if you’re dismissed because you’re made redundant.
Can a person be made redundant after being seconded?
One of our employees has a number of roles and he has been seconded to another role within the organisation for the past twelve months. The period of secondment is now drawing to a close and he would normally go back to his original roles. Unfortunately, one of these roles is now being made redundant and these consists of half of his working week.
