By Joseph Kelly, Kelly Workplace Lawyers
What is redundancy?
Redundancy occurs when an employer decides that the job you are doing is no longer to be done by you or by anyone else.
It doesn’t mean that certain functions of the job won’t remain, just that the employer no longer needs one person to do all the functions you are currently performing.
What are my employers obligations?
If your employer has decided that your job is to be made redundant, the first thing your employer must do is consult with you on this decision.
Consultation is more than just telling you what is going to happen. Consultation is giving you as much information as you need so that you can have an opportunity to change the employer’s mind about its decision.
If, after hearing you out, your employer still wants to go ahead with the redundancy, your employer has an obligation to find you another job within the employer’s organisation. This could be any job that you are reasonably capable of performing even if it is a demotion.
The best way that an employer can determine what role you can reasonably perform is to consult with you on the redeployment.
If your employer finds you another role that is suitable to you, then you can move into that role and your employment won’t end.
However, if your employer can’t find you another suitable role, then your employment will end at the end of the consultation period and you will be paid a redundancy payment.
What if I don’t want to be made redundant?
Provided that the redundancy is for a genuine reason, and the employer has consulted with you, then the redundancy will be lawful.
However, if you believe the redundancy is not genuine, or is targeted to remove you from the workplace because you have made complaints or for any other unlawful reason, then you should speak with us…
Kelly Workplace Lawyers offers a free 30-minute initial consultation if your employment has been terminated due to redundancy in the last 21 days. If you would like to book an appointment with us, please see our booking tab.