LRD Booklets November 2019

Redundancy law - a guide for union reps

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Introduction

Introduction
 [page 4] (299 words)

Figures from the Office for National Statistics show an overall fall in redundancy figures year-on-year over the past decade since their peak in 2009. ...
Open access

Chapter 1

1. What is redundancy? 
 [ch 1: page 5] (51 words)

This Chapter explains the meaning of redundancy in the context of individual rights to a redundancy payment and to claim unfair dismissal. The ...
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The statutory test for redundancy
 [ch 1: page 5] (387 words)

What if the number of employees stays the same but there is less work to do?
 [ch 1: page 6] (507 words)

Relocation redundancies and mobility clauses
 [ch 1: pages 7-8] (565 words)

Reorganisations 
 [ch 1: page 8] (316 words)

Changes in shift patterns 
 [ch 1: pages 8-9] (144 words)

Same role but less pay? 
 [ch 1: page 9] (280 words)

Replacing direct employees with other workers 
 [ch 1: page 9] (106 words)

‘Bumping’
 [ch 1: page 10] (322 words)

Has there been a dismissal?
 [ch 1: page 10] (102 words)

Voluntary redundancy 
 [ch 1: pages 11-12] (499 words)

Ending of fixed-term contracts
 [ch 1: pages 12-13] (435 words)

Apprentices 
 [ch 1: page 13] (378 words)

Death of employer
 [ch 1: page 13] (41 words)

Chapter 2

2. Collective redundancy consultation 
 [ch 2: page 14] (276 words)

Chapter one of this booklet looked at the definition of redundancy and the process that must be followed in relation to individual employees. Where ...
Subscribers only

Number of employees
 [ch 2: pages 14-15] (185 words)

Meaning of ‘establishment’
 [ch 2: page 15] (309 words)

Wider definition of redundancy
 [ch 2: pages 15-16] (287 words)

Appropriate representatives
 [ch 2: page 16] (286 words)

Electing representatives where there is no recognised union 
 [ch 2: page 17] (278 words)

Rights of representatives
 [ch 2: pages 17-18] (179 words)

What does ‘consultation’ mean?
 [ch 2: pages 18-19] (719 words)

Consultation must be ‘in good time’ 
 [ch 2: pages 19-21] (656 words)

Information that must be provided by the employer 
 [ch 2: page 21] (249 words)

Lack of information does not justify a failure to consult
 [ch 2: page 22] (192 words)

Confidentiality is not an excuse
 [ch 2: page 22] (113 words)

Who owes the duty to consult?
 [ch 2: page 22] (66 words)

Which employees are covered by the consultation duty?
 [ch 2: pages 22-23] (147 words)

When does consultation end? 
 [ch 2: page 23] (67 words)

Each consultation needs a fresh section 188 notice 
 [ch 2: page 23] (143 words)

The appointment of administrators 
 [ch 2: page 23] (90 words)

Redundancy consultation and TUPE
 [ch 2: page 24] (280 words)

Remedies for failure to consult — protective award
 [ch 2: pages 24-25] (365 words)

A protective award is supposed to punish the employer
 [ch 2: page 25] (99 words)

The ‘special circumstances’ defence 
 [ch 2: pages 25-26] (555 words)

Calculating the protective award 
 [ch 2: page 27] (420 words)

Notification of collective redundancies to the government 
 [ch 2: page 28] (188 words)

Chapter 3

3. Redundancy selection 
 [ch 3: page 29] (72 words)

Most workplaces that have a recognised trade union with have an agreed procedure in place for redundancy selection. A redundancy procedure, unlike a ...
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Redundancy selection procedures and the law
 [ch 3: pages 29-30] (601 words)

Deciding on the selection pool
 [ch 3: pages 30-31] (454 words)

Choosing selection criteria
 [ch 3: pages 31-32] (595 words)

Individual consultation and redundancy selection
 [ch 3: page 32] (88 words)

Is there a right to know your scores?
 [ch 3: page 33] (134 words)

Is there a right to other workers’ scores?
 [ch 3: page 33] (209 words)

Is there a right to appeal against redundancy selection?
 [ch 3: pages 33-34] (301 words)

Chapter 4

4. Offers of alternative work
 [ch 4: page 35] (180 words)

Union-negotiated agreements about redeployment and retraining are often significantly better than any statutory minimum rights. Good redeployment ...
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Alternative employment 
 [ch 4: pages 35-36] (594 words)

Acceptance of job offer
 [ch 4: page 37] (99 words)

Employee’s refusal of alternative job
 [ch 4: pages 37-39] (936 words)

The statutory trial period
 [ch 4: pages 39-40] (594 words)

Is there a legal duty to offer internal vacancies first to suitable employees at risk of redundancy? 
 [ch 4: pages 40-41] (293 words)

Employees on maternity, adoption and shared parental leave
 [ch 4: pages 41-43] (844 words)

Time off to look for alternative work or arrange training
 [ch 4: page 43] (132 words)

Chapter 5

5. Individual consultation 
 [ch 5: page 44] (345 words)

Regardless of whether an employer has a duty to enter into collective consultation (see Chapter 2), they must consult individual employees who are at ...
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Right to see scores
 [ch 5: page 44] (44 words)

Right to be accompanied
 [ch 5: pages 44-45] (151 words)

Right to appeal
 [ch 5: page 45] (177 words)

Chapter 6

6. Equality and redundancy 
 [ch 6: page 46] (362 words)

It is unlawful for an employer to discriminate against an employee in a redundancy situation and unions should address equality issues when ...
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Disability discrimination
 [ch 6: pages 46-48] (878 words)

Sex discrimination 
 [ch 6: pages 48-49] (312 words)

Pregnancy and maternity leave
 [ch 6: pages 49-50] (408 words)

Temporary and part-time workers
 [ch 6: page 50] (204 words)

Age discrimination
 [ch 6: page 51] (366 words)

Last in, first out
 [ch 6: pages 51-52] (260 words)

Union membership or activity and redundancy selection 
 [ch 6: pages 52-53] (465 words)

Shopworkers
 [ch 6: page 53] (80 words)

Chapter 7

7. Unfair redundancy 
 [ch 7: pages 54-55] (573 words)

If an employee believes that their redundancy dismissal was unfair, they can bring a claim for unfair dismissal in an employment tribunal. In most ...
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Reasonableness
 [ch 7: pages 55-56] (353 words)

Time limit
 [ch 7: page 56] (61 words)

Offsetting redundancy pay
 [ch 7: page 56] (64 words)

Chapter 8

8. Redundancy pay
 [ch 8: page ] (27 words)

This Chapter sets out the right to statutory redundancy pay and looks at contractual entitlement to enhanced redundancy pay. 
 ...
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Statutory redundancy pay
 [ch 8: page 57] (254 words)

Calculating entitlement [ch 8: pages 57-58] (517 words)

Public sector redundancy pay
 [ch 8: page 59] (308 words)

Enhanced redundancy pay
 [ch 8: pages 59-60] (155 words)

Establishing a contractual right
 [ch 8: pages 60-63] (1,293 words)

Redundancy pay and age discrimination 
 [ch 8: page 63] (435 words)

Settlement agreements 
 [ch 8: page 64] (153 words)

Lay-offs and short-time working
 [ch 8: pages 64-65] (603 words)

Notice
 [ch 8: pages 65-66] (191 words)

Varying notice by employer
 [ch 8: page 66] (149 words)

Varying notice by employee
 [ch 8: pages 66-67] (198 words)

Leaving too early means no redundancy payment 
 [ch 8: page 67] (69 words)

Strikes
 [ch 8: page 67] (332 words)

Claiming unpaid redundancy pay
 [ch 8: page 68] (93 words)

Taxation
 [ch 8: page 68] (75 words)

State benefits
 [ch 8: page 68] (64 words)

Pension
 [ch 8: page 68] (106 words)

Chapter 9

9. Redundancy and insolvency
 [ch 9: pages 69-70] (570 words)

If an employer cannot pay redundancy compensation because of insolvency, it is paid (subject to a cap) by the secretary of state through the ...
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Pensions 
 [ch 9: page 70] (135 words)

Defined contribution schemes
 [ch 9: pages 70-71] (118 words)

Defined benefit schemes
 [ch 9: page 71] (208 words)

Further information

Further information
 (326 words)

Copies of relevant statutes and regulations are available online at: www.legislation.gov.uk. In Northern Ireland, legislation is published on the ...
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