trade union representative redundancy


The TUC has a history of developing analysis and research to inform economic and employment-related issues. Singling out trade union members for redundancy selection, however, amounts to unlawful discrimination. You are a member of a trade union; ... employer whether they actually select those volunteers for redundancy. Thanks, Hellow mis /mr please I need your help for my redundancy I have letter form my company I been made redundant I must replay in 5 working days date of letter was 12/10/2016 please I need your help perhaps I can talk to some one I will by great full for your help thank you, hellowmis /mr please I need your help for my redundancyi have letter form my companyi been made redundanti mustreplay in 5 working daysdate of letter was 12/10/2016please i need your help perhaps i can talk to some onei will bygreat full for your help thank you, You should seek independent professional advice before acting upon any information on the RedundancyExpert website. These legal rights are set out in Section 10 of the Employment Relations Act 1999 and the ACAS Code of Practice. A collective redundancy situation is where you plan to make 20 or more employees redundant at one establishment within a 90 day period. The Code also provides advice concerning union learning representatives. I've been made redundant. I've been told I will be made redundant. Where proposed redundancies involve 100 or more employees, consultation must last at least 45 days. It can be a fair reason for letting someone go, but the employer must meet particular legal requirements. If your employer is making 20 or more employees redundant at the same time, the consultation should take place between your employer and a representative (rep). To access the admin area, you will need to setup two-factor authentication (TFA). You can raise objections and suggest alternatives to redundancy, for example, alternative work, short-time working, or lay-offs. 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. We also provide allocation of leaflets that the Trade Union representative can make available to the person who is facing a … Nothing beats being a union member, but if you are looking for particular guidance on a workplace issue have a look at our workplace guidance. 3(10) ... a collective consultation involving a union or employee representative… When the redundancy plan is negotiated with the trade unions' representatives, the negotiation takes place in parallel to the consultation of the … 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. Can you advise on what steps I can take to ensure I get the best deal for myself? Redundancy consultation: a study of current practice and the effects of the 1995 regulations (PDF, 163kB) You can ask to be accompanied by a trade union or employee representative. Second, that the person who you want to accompany you is either a work colleague or a representative of a trade union. Its prime focus is representatives of independent trade unions in workplaces where the union is recognised for collective bargaining purposes. You'll need to think carefully. If you believe your redundancy is unfair, the best way to respond is to join with co-workers (through the union if you have one) and raise the issue collectively with your employer. Examples include being a member of a trade union, being pregnant, or acting as a safety representative, but there are many other examples. Useful resources. You’re also entitled to statutory redundancy pay and the law sets a minimum rate. But they do still exist on a large scale in certain sectors. Take a look at our wide range of resources. Redundancy affects not only individuals, but their ... e.g. If a union is recognised where you work, they may have been able to negotiate redundancy rights and pay that exceed the statutory minimum. A redundancy plan will help employers manage each stage of the process, and staff or trade union representatives may need to be involved in developing it. You receive redundancy notice. 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. Of course, the vast resources of a national trade union are likely to be significantly more effective in doing that than an ad hoc effort from a handful of isolated employees. 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 … It would constitute a form of unfair dismissal and, because of it, legal action could be taken against the employer at an employment tribunal. Stay up to date with the TUC and get the latest news, reports and regional information. What are my rights? We all hear about redundancies on the news, especially in bad economic times. In practice this means the union becomes recognised by the employer without using any legal procedures. Being made redundant is not the same as getting the sack. The Collective Redundancies (Amendment) Regulations 2006 (SI 2006/2387) No members where notified of the offer or any counter offer. a union representative made redundant because they had complained about not being allowed reasonable time off to carry out trade union duties would not need two years’ service. This guide is for union reps - understanding coronavirus and workplace issues, employer negotiations and how best protect the workforce. Under s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), where at least 20 redundancies are proposed at the same establishment within a 90-day period, the employer must consult "appropriate representatives" of any affected employees. 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. My employer has offered me a different job as an alternative to redundancy. What happens after the consultation? What payment am I entitled to? However, the Union rep who is attending the meetings has rejected an offer made by management before informing any members of this offer, and given a counter off which is not as beneficial to the majority of the members. Consulting with trade unions or employee representatives in large-scale redundancies If you're planning to make 20 or more employees at the same workplace redundant within 90 days (large-scale or 'collective' redundancies), you must follow 'collective consultation' rules. Collective consultation must be with trade union representatives. Some reasons can never be used by an employer to justify selecting someone for redundancy. If your employer prevents you from being represented, it could have to compensate you. Redundancy Pay The procedure must state that: As a minimum, redundancy pay is calculated on the basis of actual salaries, not the statutory redundancy pay cap. For more information on redundancies in general, see redundancy: the options. Rules employers must follow when making staff redundant - consultations, notice periods, compulsory and non-compulsory redundancy and redundancy pay Your employer must have objective transparent and fair process for selecting who will be made redundant. "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 … During a collective redundancy, there are special obligations on the employer. We don't recognise a trade union and are going through a redundancy programme at the moment (currently at consulation stage with our employee reps). Textual Amendments F1 Words in sidenote to s. 188 omitted (26.10.1995) by virtue of S.I. Those being made redundant have legal rights, including redundancy pay for those with more than two years' service. If a union is recognised where you work, they may have been able to negotiate redundancy rights and pay that exceed the statutory minimum. 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